Kapildev Prasad Kapil v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.25640 of 2018 Arising Out of PS.Case No. -40 Year- 2018 Thana -MAUZAHIDPUR District- BHAGALPUR ====================================================== Kapildev Prasad Kapil, son of Late Sahdeo Yadav, resident of village Teacher Colony Maheshpur, P.S. Babarganj, District Bhagalpur. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ranjan Kumar Jha For the Opposite Party/s : Smt. Suman Kumari Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 26-04-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case registered for the offence punishable under Section 30 (a) of the Bihar Prohibition and Excise Act, 2016.

97 liters of foreign liquor is said to have been recovered from the 'Basa' (straw house) of the petitioner and petitioner was apprehended while other accused persons managed to escape.

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 been falsely implicated in this by his co-villager due to land dispute. He has no concern either with the seized liquor or the place of

Patna High Court Cr.Misc. No.25640 of 2018 (02) dt.26-04-2018 2/ 2 recovery. He has no criminal antecedent and has been languishing in custody since 03.03.2018.

In the facts and circumstances of the case, 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 Special Judge Excise, Bhagalpur in connection with Mojahidpur (Babarganj) P.S. Case No.40 of 2018.

(Prakash Chandra Jaiswal, J) Trivedi/- U T