Md. Sarbar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.41035 of 2018 Arising Out of PS.C.ase No. -100 Year- 2018 Thana -BHAGALPUR RAIL P.S. DistrictBHAGALPUR ======================================================

1. Md. Sarbar, Son of Md. Ibrahim, Resident of Village- Kashimpur, P.S.- Sultanganj, District- Bhagalpur.

.... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Dhananjay Kumar Pandey, Advocate For the Opposite Party/s : Mr. Nityanand Tiwary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 19-07-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in Bhagalpur G.R. P.S. Case No. 100/2018, registered under Sections 30(a) and 138 of the Excise Act.

The petitioner is said to have been apprehended with six litres of foreign liquor kept in a bag from the railway coach. 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 kept in the bag in the railway coach. He has been falsely implicated in this case by G.R. Police merely on

Patna High Court Cr.Misc. No.41035 of 2018 (3) dt.19-07-2018 2/2 suspicion. He has no criminal antecedent and has been languishing in custody since 16.05.2018.

Considering the facts aforesaid, the above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Special Judge, Excise, Bhagalpur, in connection with Bhagalpur G.R. P.S. Case No. 100/2018.

(Prakash Chandra Jaiswal, J.) Rakhi U T