Kuku Kumar @ Ajit Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.32801 of 2018 Arising Out of PS.Case No. -353 Year- 2017 Thana -JAHANABAD District- JEHANABAD ====================================================== Kuku Kumar @ Ajit Kumar, S/o - Balram Singh @ Jagwali Singh, Resident of Village- Daidih, P.S- Ghosi, District- Jehanabad. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ramakant Yadav Mr. Hridayal Kumar For the Opposite Party/s : Mr. Pranav Kumar APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 20-06-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in connection with Jehanabad Town P.S. Case No. 353/2017 registered under section 30(a) of the Bihar Prohibition and Excise Act 2016. 9 lts. Of foreign liquor is said to have been recovered from the possession of Kanhaiya Nirala and Shiv Narayan and on the basis of their confession, huge quantity of foreign liquor was recovered from a room of the school. The apprehended accused persons disclosed the name of the petitioner and other accused persons as the person dumping the said article at the aforesaid place who managed to escape seeing the police party.

Patna High Court Cr.Misc. No.32801 of 2018 (3) dt.20-06-2018 2/2 It is submitted by the learned counsel for the petitioner that no incriminating article has been recovered from conscious physical possession of the petitioner. He has been falsely implicated in this case by the apprehended accused persons out of animosity. He has no concern with the seized liquor. He was not apprehended on the spot. Though, one more case under the Excise Act has been lodged against the petitioner but he is on bail in the said case. Petitioner has been languishing in custody since 02.05.2018.

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 10000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned court of Additional Sessions Judge II, Jehanabad cum Special Judge Excise Act, Jehanabad, in connection with Jehanabad Town P.S. Case No. 353/2017 (Excise Case No. 680/2017). (Prakash Chandra Jaiswal, J) Trivedi/SaurabhU T