Kalimuddin @ Kalimuddhin v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.41540 of 2018 Arising Out of PS. Case No.-10 Year-2018 Thana- AMAUR District- Purnia ====================================================== Kalimuddin @ Kalimuddhin, S/o Abdul Latif, R/o Vill-Gerua, P.S. Amour, Distt-Purnea.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Nafisuzzoha For the Opposite Party/s :

Smt. Asha Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 11-07-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in connection with Amour P.S. Case No. 10 of 2018 registered under Sections 272, 273, 34 of I.P.C. and Section 30(a) of Bihar Prohibition and Excise Act2016. 350 lts. of toddy is said to have been recovered from tempo and its driver, namely, Murshed and one other person sitting in the said vehicle, namely, Kurban were apprehended. Said Kurban disclosed the name of the petitioner as owner of said toddy.

It is submitted by learned counsel for the petitioner that no incriminating article has been recovered from

Patna High Court Cr.Misc. No.41540 of 2018(2) dt.11-07-2018 2/2 conscious physical possession of the petitioner. He has no concern either with the seized liquor or with the tempo in question. He was not apprehended on the spot. He has been falsely implicated in this case by the co-accused, namely, Kurban and barring the aforesaid disclosure, there is nothing in the record indicating complicity of the petitioner in the occurrence. He has no criminal antecedent. He has been languishing in custody since 29.05.2018.

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 2nd Addl. Sessions Judge-cum-Special Judge, Excise, Purnea in connection with Amour P.S. Case No. 10 of 2018. (Prakash Chandra Jaiswal, J) rohit/- U T