Patna High CourtCR. MISC./41857/2018bail granted

Anuj Kumar v. The State Of Bihar

2018-07-12Mr. Justice Prakash Chandra Jaiswal2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.41857 of 2018 Arising Out of PS.Case No. -106 Year- 2018 Thana -GOVERNMENT OFFICIAL COMP. DistrictBUXAR ====================================================== Anuj Kumar, Son of Late Shesh Nath Rai, R/o Village - Sohaon, Ballia, P.S.-Narahi, District-Ballia, U.P.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Rajiv Ranjan Kr. Pandey For the Opposite Party/s : Mr. Bhanu Pratap Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 12-07-2018 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.

198.36 litres of foreign liquor is said to have been recovered from the Maruti Car and four persons including the petitioner were apprehended. Petitioner is said to have been escorting the aforesaid car along with Pintu Kumar by motorcycle. 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 with the vehicle in question. He

Patna High Court Cr.Misc. No.41857 of 2018 (2) dt.12-07-2018 2/2 was simply proceeding to his destination on the motorcycle ahead of the said car and was falsely implicated in the case by the police merely on suspicion. He has no criminal antecedent. He has been languishing in custody since 06.06.2018. Similarly situated coaccused, namely, Pintu Kumar has been enlarged on bail by this court vide order dated 11.07.2018 passed in Cr. Misc. No. 41454 of 2018.

Considering the facts aforesaid, 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 cum Special Judge, Excise Act, Buxar in connection with Case No. 106(O)/2018.

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