Lalan Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.34907 of 2018 Arising Out of PS. Case No.-77 Year-2018 Thana- SAHIYARA District- Sitamarhi ====================================================== Lalan Kumar son of Horil Mahto, Resident of Village- Maniyari, P.S.- Sitamarhi, District- Sitamarhi.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ashok Kumar Jha For the Opposite Party/s :
Smt. Rita Verma ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 22-06-2018 Heard learned counsel for the petitioner and learned APP for the State.
The petitioner seeks bail in connection with Sahiyara P.S. Case no. 77 of 2018 registered under Sections 272, 273, 414 of the I.P.C. and Section 30(a) of Bihar Prohibition and Excise Act-2016.
72 lts. of Nepali Saufi wine is said to have been recovered from the possession of the petitioner and he was apprehended.
It is submitted by learned counsel for the petitioner that no incriminating article has been recovered from conscious physical possession of the petitioner. He has no concern with the seized liquor. He has been falsely implicated in this case by
Patna High Court Cr.Misc. No.34907 of 2018(2) dt.22-06-2018 2/2 the police merely on suspicion while he was passing through the place of occurrence at the time of occurrence and real culprit managed to escape dumping the aforesaid liquor seeing the police party. He has no criminal antecedent. He has been languishing in custody since 25.04.2018.
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 Additional Sessions Judge-II-cum-Special Judge, Excise Act, Sitamarhi in connection with Sahiyara P.S. Case no. 77 of 2018. (Prakash Chandra Jaiswal, J) rohit/- U T