Bhola Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.45676 of 2018 ====================================================== Bhola Kumar, S/o Sri Shiv Jee Prasad Gupta @ Shiv Sah, resident of village - Mathiyadih Chhatanuni, P.S.-Chhatauni, District-East Champaran. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Umesh Chandra Verma For the Opposite Party/s : Mr. Shantanu Kumar ====================================================== 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 Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

72 litres of Nepali liquor kept in two bags kept on two motorcycles was seized and the petitioner riding on one motorcycle was apprehended while other accused managed to escape abandoning his 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 has been falsely implicated in the case by the personnel of Excise

Patna High Court Cr.Misc. No.45676 of 2018 (2) dt.27-07-2018 2/2 department while he was passing through the place of occurrence at the time of occurrence and real culprit managed to escape dumping the aforesaid liquor laden motorcycle there seeing the personnel of Excise department. There is violation of Section 100 Cr.P.C. He has no criminal antecedent. He has been languishing in custody since 06.06.2018.

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 Special Judge, Excise, East Champaran, Motihari in connection with Excise Case No. 263 of 2018.

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