Shubham Kumar @ Golu v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.38201 of 2018 Arising Out of PS.Case No. -168 Year- 2018 Thana -PATLIPUTRA District- PATNA ====================================================== Shubham Kumar @ Golu, son of Vinod Kumar Singh, resident of road no.2 North Patel Nagar, near Ravi Chowk, P.S. Patliputra, District Patna. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sudha Chandra For the Opposite Party/s : Mr. Harendra Prasad ====================================================== 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)(I)(2),41(I)(2),32(2) of the Bihar Prohibition and Excise Act, 2016.

98.750 liters of foreign liquor is said to have been recovered from the rented room of the petitioner and Vikas Kumar and owner of the said house, namely, Raj Kumar Singh and aforesaid accused persons 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 place of recovery. The room in question is not the rented room of the petitioner. The petitioner is

Patna High Court Cr.Misc. No.38201 of 2018 (02) dt.29-06-2018 - 2 - resident of Patel Nagar and having his own house and has been preparing for bank examination living in his own house. As a matter of fact, he was called there on phone by Vikas Kumar and has been falsely implicated in this case due to animosity. 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, Patna in connection with Special (Excise) Case No. 3904 of 2018 arising out of Patliputra P.S. Case No.168 of 2018. (Prakash Chandra Jaiswal, J) Trivedi/- U T