Patna High CourtCR. MISC./43333/2018bail granted

Prem Kumar @ Rohit Kumar v. The State Of Bihar

2018-07-18Mr. Justice Prakash Chandra Jaiswal2 pages

Patna High Court Cr.Misc. No.43333 of 2018 (2) dt.18-07-2018

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.43333 of 2018 ====================================================== Prem Kumar @ Rohit Kumar S/o Munna Singh @ Ram Ekbal Singh, R/o Vill.- Bihat, Khemkaranpur Tola, P.S.- Barauni, District- Begusarai. .... .... Petitioner

Versus

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

For the Petitioner : Mr. Manoj Kumar, Karandeep, Adv.

For the Opposite Party : Mr. Md.Arif, APP-105 ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 18-07-2018 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 and read with Section 188 of the Indian Penal Code.

15 liters of foreign liquor is said to have been recovered from the motorcycle of the petitioner and 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

Patna High Court Cr.Misc. No.43333 of 2018 (2) dt.18-07-2018 instance of his enemy by planting the aforesaid recovery from his possession. There is violation of Section 100 Cr.P.C. He has no criminal antecedent and has been languishing in custody since 09.06.2018.

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 Sessions Judge-II-cum-Special Judge, Begusarai in connection with Barauni P.S. Case No. 236 of 2018.

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