Vikash Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.35393 of 2018 Arising Out of PS.Case No. -168 Year- 2018 Thana -PATLIPUTRA District- PATNA ======================================================

1. Vikash Kumar Son of Ajay Singh@ Ajay Kumar Sharma Resident of - Veerampur, P.S. Harnaut, District- Nalanda.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Malay Kumar Choudhary For the Opposite Party/s : Mr. Nirmal Kumar Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 29-06-2018 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 Sections 30(a)/38(i) (2)/41(1)(2)/32(2) of the Bihar Prohibition and Excise Act, 2016.

88.75 liters of foreign liquor is said to have been recovered from the tenanted room of the petitioner and Shubham Kumar in the house of Raj Kumar Singh and the petitioner, Shubham Kumar and Raj Kumar Singh were 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 either with the seized liquor or the room in question. He has been falsely

Patna High Court Cr.Misc. No.35393 of 2018 (02) dt.29-06-2018 - 2 - implicated in this 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 and 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 Special Judge Excise Court, Patna in connection with Special Case No. 3904 of 2018 arising out of Patliputra P.S. Case No. 168 of 2018. (Prakash Chandra Jaiswal, J) Trivedi/- U T