Deepak Singh @ Digambar Singh @ Digambar Kushwaha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.45736 of 2018 ====================================================== Deepak Singh @ Digambar Singh @ Digambar Kushwaha Son of Bhim Singh, resident of Village- Netwar, P.S.- Darauli, District- Siwan. .... .... Petitioner

Versus

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

For the Petitioner : Mr. Nagendra Upadhyay, Adv. For the Opposite Party : Mr. Gauri Shankar Gupta, APP. ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 27-07-2018 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 Sections 30 (a) and 38 (1) of the Bihar Prohibition and Excise Act, 2016.

2.16 liters of foreign liquor is said to have been recovered from the motorcycle of the petitioner.

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 instance of his enemy by planting the aforesaid recovery from his possession. Though one more case under the Excise Act has been lodged against the petitioner but he is on bail in the said case. He

Patna High Court Cr.Misc. No.45736 of 2018 (02) dt.27-07-2018 - 2 - has been languishing in custody since 05.06.2018 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 Excise, Siwan in connection with Darauli P.S. Case No. 119 of 2018.

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