Sumit Jha @ Sumit Kumar Jha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.38804 of 2018 Arising Out of PS.Case No. -109 Year- 2018 Thana -BHAGALPUR GRP CASE DistrictBHAGALPUR ====================================================== Sumit Jha @ Sumit Kumar Jha, Son of Sri Shankar Jha, Resident of Village- Shyampur Tekni, P.O- Shyampur, P.S.- Rajaun, District- Banka. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Atul Kumar For the Opposite Party/s : Mr. Atul Chandra ====================================================== 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.

11 liters of country made liquor is said to have been recovered from the possession 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 this case at the instance of his enemy by planting the aforesaid recovery from his

Patna High Court Cr.Misc. No.38804 of 2018 (02) dt.03-07-2018 - 2 - possession. He has no criminal antecedent and has been languishing in custody since 28.05.2018.

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 A.D.J. II-CumSpecial Judge Excise, Bhagalpur in connection with Bhagalpur G.R.P. P.S. Case No. 109 of 2018.

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