Mukesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.27407 of 2018 Arising Out of PS.Case No. -44 Year- 2018 Thana -DIDARGANJ District- PATNA ======================================================

1. Mukesh Kumar Son of Naresh Rai @ Naresh Ray a resident of Village - Panchwariya, Police Station - Rustampur, District - Vaishali. .... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Arvind Kumar Mouar For the Opposite Party/s : Smt. Pushpa Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 03-05-2018 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.

50 liters of country made liquor is said to have been recovered from the motorcycle of the petitioner and petitioner was apprehended while one another accused, namely, Vijay Paswan 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 no concern either with the seized liquor or the motorcycle in question. He has

Patna High Court Cr.Misc. No.27407 of 2018 (02) dt.03-05-2018 2/ 2 been falsely implicated in this case by the police merely on suspicion as the real culprit managed to escape abandoning the liquor seeing the police party. He has no criminal antecedent and has been languishing in custody since 16.03.2018. 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 Act, Patna in connection with Special Case No.2415/18, arising out of Deedarganj P.S. Case No.44/18. (Prakash Chandra Jaiswal, J) Trivedi/- U T