Akshay Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.35760 of 2018 Arising Out of PS.Case No. -38 Year- 2018 Thana -BIKRAMGANJ District- SASARAM (ROHTAS) ====================================================== Akshay Kumar Son of Krishna Prasad Sinha Resident of Village/MohallaGosai Mohalla, Ward No. 12, P.S. Bikramganj, District- Rohtas. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Krishna Bihari For the Opposite Party/s : Smt. Asha Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 29-06-2018 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 30(a) and 36 of the Bihar Prohibition and Excise Act, 2016.

Petitioner and four other accused persons are said to be indulged in packing illicit liquor in a hut and 44 litres of country made liquor, punching machine, gas cylinder, pouches, etc. were recovered from the hut located near the railway bridge and petitioner and four other accused persons were apprehended in the course of escaping.

It is submitted by learned counsel for the petitioner

Patna High Court Cr.Misc. No.35760 of 2018 (2) dt.29-06-2018 2/2 that no incriminating article has been recovered from the conscious physical possession of the petitioner. He has no concern either with the seized articles or with the place of recovery or with any activity of packing illicit liquor. He has been falsely implicated in the case by the police merely on suspicion while he was passing through the place of occurrence at the time of occurrence. He has no criminal antecedent. He has been languishing in custody since 12.02.2018.

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 2nd Addl. District and Sessions Judge cum Special Judge, Excise, Rohtas, Sasaram in connection with Bikramganj P.S. Case No. 38 of 2018. (Prakash Chandra Jaiswal, J) Mishra/- U T