Patna High CourtCR. MISC./35368/2018bail granted

Pappu Kumar v. The State Of Bihar

2018-06-28Mr. Justice Prakash Chandra Jaiswal2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.35368 of 2018 Arising Out of PS.Case No. -327 Year- 2018 Thana -MADHEPURA District- MADHEPURA ======================================================

1. Pappu Kumar S/o Surendra Yadav Resident of Village- Khopaiti, Ward No. 12, P.S. Madhepura, District- Madhepura.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sunil Kumar Singh For the Opposite Party/s : Mr. Sri Damodar Prasad Tiwary ====================================================== 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 Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

20.160 litres of foreign liquor is said to have been recovered from the straw house 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 at the instance of his enemies. The straw house of the petitioner is

Patna High Court Cr.Misc. No.35368 of 2018 (2) dt.28-06-2018 2/2 being used by his several family members and he had no knowledge of keeping of the said liquor in the said house. He has no criminal antecedent. He has been languishing in custody since 19.05.2018.

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 Addl. District and Sessions Judge-II cum Special Judge, Excise, Madhepura in connection with Madhepura P.S. Case No. 327 of 2018, Excise Case No. 107/2018.

(Prakash Chandra Jaiswal, J) Mishra/- U