Harendra Kumar @ Harindra Kumar v. The State Of Bihar
Patna High Court Cr.Misc. No.38600 of 2018 (02) dt.03-07-2018 - 1 -
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.38600 of 2018 Arising Out of PS.Case No. -255 Year- 2018 Thana -GOVERNMENT OFFICIAL COMP. DistrictSITAMARHI ======================================================
1. Harendra Kumar @ Harindra Kumar S/o Raja Ram Das, R/o Vill.- Matiyar Kala Ward No. 07, P.S.- Sahiyara, District- Sitamarhi. .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Amit Kumar Jha For the Opposite Party/s : Mr. Vinod Shankar Modi ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 03-07-2018 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 Section 30(a) of the Bihar Prohibition and Excise Act, 2016.
90 liters of Nepali Saufi Wine is said to have been recovered from the possession of the petitioner.
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 this case by the police on his refusal to cough up the demand of graft made by the
Patna High Court Cr.Misc. No.38600 of 2018 (02) dt.03-07-2018 - 2 - police personnel in course of regressing to his house on motorcycle from Nepal after meeting his relative on his failure to furnish the original documents of the aforesaid Motorcycle. He has no criminal antecedent and has been languishing in custody since 05.05.2018.
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 Additional District and Sessions Judge-II-cum-Special Judge Excise Act, Sitamarhi in connection with P.S. Case No. 329 of 2018. (Prakash Chandra Jaiswal, J) Trivedi/- U T