Amit Kumar @ Amit Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.24767 of 2018 Arising Out of PS. Case No.-118 Year-2017 Thana- NATIONAL HIGHWAY DistrictSamastipur ====================================================== Amit Kumar @ Amit Kumar Singh S/o Jhagru Singh, R/o Ward No. 06, Fatehpur Wala, P.S.- Musarigharari, Distt.- Samastipur. ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Mukesh Kumar No-1 For the Opposite Party/s :

Smt. Gulnar Begam ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 01-05-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in connection with N.H. Bangra P.S. Case no. 118 of 2017 registered under Sections 272, 273/34 of I.P.C. and Section 30(a), 38 of Bihar Prohibition & Excise Act-2016.

374 lts. of foreign liquor is said to have been recovered from a Bolero pick-up van parked on the door of Nirmala Devi and she was apprehended, who disclosed the name of the petitioner and other accused persons to be owner of the said liquor laden vehicle.

It is submitted by learned counsel for the petitioner that no incriminating article has been recovered from conscious

Patna High Court Cr.Misc. No.24767 of 2018(2) dt.01-05-2018 2/2 physical possession of the petitioner. He has no concern either with the seized liquor or with the vehicle in question. He has been falsely implicated in the case by Nirmala Devi due to animosity. He was not apprehended on the spot. Though, two more criminal cases have been lodged against the petitioner, but he is on bail in the said cases. He has been languishing in custody since 23.02.2018. Said Nirmala Devi has been enlarged on bail by a co-ordinate Bench of this Court vide order dated 27.02.2018 passed in Cr. Misc. no. 5821 of 2018. In the facts and circumstances of the case, the above named petitioner is directed to be enlarged on bail on furnishing bail bonds of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned 3rd Addl. Sessions Judge-cum-Special Judge, Excise, Samastipur in connection with N.H. Bangra P.S. Case no. 118 of 2017. (Prakash Chandra Jaiswal, J) rohit/- U T