Satyam Kumar @ Satyendra Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.25683 of 2018 Arising Out of PS.Case No. -47 Year- 2018 Thana -JAKKANPUR District- PATNA ======================================================
1. Satyam Kumar @ Satyendra Kumar, Son of Dhirendra Prasad @ Dhirendra Prasad Mehta, resident of Village- Romi, P.S.- Padma, DistrictHazaribag (Jharkhand). .... .... Petitioner/s
Versus
1. The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Umesh Chandra Verma, Adv. Mr. Abhishek Kumar @ Sonu, Adv.
For the Opposite Party/s : Mr. Mukeshwar Dayal, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 02-05-2018 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.
45 liters of country made liquor is said to have been recovered from the possession of the petitioner near the tempo stand and 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 been falsely implicated in this case at the instance of his enemy by
Patna High Court Cr.Misc. No.25683 of 2018 (02) dt.02-05-2018 2/ 2 planting the aforesaid recovery from his possession. As a matter of fact, the aforesaid liquor was abandoned in the bag by some miscreants, while the petitioner was passing through the place of occurrence at the time of occurrence the police falsely implicated the petitioner merely on suspicion. He has no concern either with the seized liquor or the place of recovery. He has no criminal antecedent and has been languishing in custody since 29.01.2018. 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 Act, Patna in connection with Jakkanpur P.S. Case No. 47 of 2018.
(Prakash Chandra Jaiswal, J) Trivedi/- U T