Md. Kasim v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.13095 of 2018 Arising Out of PS.Case No. -428 Year- 2017 Thana -CHHATAPUR District- SUPAUL ====================================================== Md. Kasim, Son of Late Md. Jahrul, Resident of Hanuman Nagar, Police Station- Raghopur, District- Supaul.

.... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance:

For the Petitioner/s : Mr. Arun, Advocate. For the Opposite Party/s : Mr. Sanjay Kumar Tiwary 1, APP. ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 06-03-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in S.T. Excise 1106/17 arising out of Chhatapur P.S. Case No. 428 of 2017 registered under Section 30(A) of the Bihar Prohibition and Excise Act, 2016.

30 litres of Nepali liquor is said to have been recovered from the motorcycle of the petitioner and the petitioner was apprehended.

It is submitted by learned counsel for the petitioner that no incriminating article has been recovered from the conscious physical possession of the petitioner. He has no concern either with the seized liquor or with the motorcycle. He has been

Patna High Court Cr.Misc. No.13095 of 2018 (2) dt.06-03-2018 2/2 falsely implicated in the case at the instance of his enemies by planting aforesaid recovery from his motorcycle. The seizure list does not bear signature of the petitioner. He has no criminal antecedent. He has been languishing in custody since 26.12.2017. Considering the facts aforesaid, the above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned A.D.J.-II cum Special Judge (Excise), Supaul in connection with S.T. Excise 1106/17 arising out of Chhatapur P.S. Case No. 428 of 2017. (Prakash Chandra Jaiswal, J) Mishra/- U T