Abishak Kumar Pandey @ Baul v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.42099 of 2018 ====================================================== Abishak Kumar Pandey @ Baul, son of Santosh Pandey, resident of village Dahigana, P.S. Dumraon, District Buxar.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Bachan Jee Ojha For the Opposite Party/s : Mr. S. Ehteshamuddin ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 13-07-2018 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)/41 (1) of the Bihar Prohibition and Excise Act, 2016.

34.56 liters of country made liquor is said to have been recovered from the motorcycle and the petitioner sitting on the said motorcycle was apprehended while another accused managed to escape. On the disclosure of petitioner and other apprehended accused persons huge quantity of liquor was recovered from the open field and shop of Kariman Yadav.

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

Patna High Court Cr.Misc. No.42099 of 2018 (02) dt.13-07-2018 - 2 - with the seized liquor or the motorcycle in question. He has been falsely implicated in this case merely on suspicion while he had gone to attend the call of nature near the place of occurrence. Nothing has been seized on the basis of his disclosure. Similarly situated co-accused, namely, Sujit Singh, Rohit Singh and Ajit Kumar have been enlarged on bail by a coordinate Bench of this Court in Cr. Misc. No. 39009 of 2018 vide order dated 09.07.2018. He has no criminal antecedent and has been languishing in custody since 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, Buxar in connection with Dumraon P.S. Case No.205 of 2018.

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