Dilkhush Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.42407 of 2018 Arising Out of PS.Case No. -123 Year- 2018 Thana -GOVERNMENT OFFICIAL COMP. DistrictGOPALGANJ ======================================================

1. Dilkhush Kumar S/o Harendra Sah, R/o Vill- Harpur Bazzar, P.S.- Gopalganj, District- Gopalganj.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Anuj Kumar For the Opposite Party/s : Mr. Ram Bachan Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 16-07-2018 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.

129.60 liters of foreign liquor is said to have been recovered from the Scorpio vehicle and petitioner and other accused sitting in the said vehicle were 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 happens to be a simple commuter and had no

Patna High Court Cr.Misc. No.42407 of 2018 (02) dt.16-07-2018 2/ 2 knowledge of keeping of the said liquor in the vehicle. He has been falsely implicated in this case by the police merely on suspicion. He has no criminal antecedent and has been languishing in custody since 04.06.2018.

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 2ndAdditional Sessions Judge-cum-Special Judge Excise, Gopalganj in connection with Excise Case No.123/18.

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