Amit Kumar @ Boudha v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.23117 of 2018 Arising Out of PS.Case No. -28 Year- 2018 Thana -NAUGACHIA District- BHAGALPUR ====================================================== Amit Kumar @ Boudha Son of Rambilash Prasad Yadav@ Rambilash Yadav Resident of Village - East thatha, P.S. Mansi,District- Khagaria. .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Ranjeet Kumar For the Opposite Party/s : Mr. Tapeshwar Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 30-04-2018 Heard learned counsel for the petitioner and learned APP for the State.
Petitioner seeks bail in a case registered for the offence punishable under Sections 30(a) and 38(1) of the Bihar Prohibition and Excise Act, 2016.
144.720 litres of foreign liquor is said to have been recovered from the Hyundai car and its driver namely Keshav Kumar and the petitioner sitting in the said car were 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 vehicle in question. He was also not sitting in the said car. He has been falsely implicated
Patna High Court Cr.Misc. No.23117 of 2018 (2) dt.30-04-2018 2/2 in the case by the police merely on suspicion while he was standing near the place of occurrence at the time of occurrence. He has no criminal antecedent. He has been languishing in custody since 08.02.2018.
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 Special Judge, Excise, Bhagalpur in connection with Naugachhia P.S. Case No. 28 of 2018.
(Prakash Chandra Jaiswal, J) Mishra/- U T