Saurav Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.35724 of 2018 Arising Out of PS. Case No.-52 Year-2018 Thana- PIYAR District- Muzaffarpur ====================================================== Saurav Kumar Son of late Bhartendu Pd. Singh Resident of Village- Gangiya, P.S. Katra, District- Muzaffarpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Alok Kumar Alok For the Opposite Party/s :

Smt Indu Kumari Srivastava ====================================================== 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 connection with Piar P.S. Case No. 52 of 2018 registered under Sections 272, 273, 414 of I.P.C. and Sections 30(a), 35(A), 38 and 41 of Bihar Prohibition and Excise Act-2016.

153 lts. of foreign liquor is said to have been recovered from Tata Safari and petitioner and one other accused, namely, Santosh Mishra were apprehended in the course of escaping from the said vehicle.

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 either

Patna High Court Cr.Misc. No.35724 of 2018(2) dt.29-06-2018 2/2 with the seized liquor or with the vehicle in question. As a matter of fact, the petitioner was proceeding to village Ratmaniya to see his sister and in that course, he has falsely implicated in this case by the police merely on suspicion. He has no criminal antecedent. He has been languishing in custody since 15.04.2018.

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, Muzaffarpur in connection with Piar P.S. Case No. 52 of 2018.

(Prakash Chandra Jaiswal, J) rohit/- U T