Akash Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.35311 of 2018 ======================================================

1. Akash Kumar son of Sikandar Rai, resident of Village- Madhopur Hajari, P.S.- Sahebganj, District- Muzaffarpur.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Umesh Chandra Verma For the Opposite Party/s : Mr. Anuj Kumar Srivastava ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 28-06-2018 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 272, 273 and 413 of the Indian Penal Code and Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

10 litres of country made liquor is said to have been recovered from the motorcycle of the petitioner and the 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 no concern with the seized liquor. He has been falsely implicated in the case

Patna High Court Cr.Misc. No.35311 of 2018 (2) dt.28-06-2018 2/2 at the instance of his enemies by planting aforesaid recovery from his possession. Seizure list does not bear the signature of the petitioner. He has no criminal antecedent. He has been languishing in custody since 09.05.2018.

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 4th Addl. Sessions Judge cum Special Judge, Excise, Motihari, East Champaran in connection with Kesariya P.S. Case No. 130 of 2018. (Prakash Chandra Jaiswal, J) Mishra/- U T