Patna High CourtCR. MISC./43092/2018bail granted

Parimal Kant v. The State Of Bihar

2018-07-19Mr. Justice Prakash Chandra Jaiswal2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.43092 of 2018 =============================.=========================

1. Parimal Kant S/o Dharmdeo Singh @ Dharamdeo, R/o Vill.- Chandanpura, P.S.- Nayaram Nagar, District- Munger. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Rajkumar Rajesh, Advocate For the Opposite Party/s : Mr. Prem Kumar Jha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 19-07-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in Nayaram Nagar P.S. Case No. 106/2018, registered for the offences punishable under Sections 272, 273, 420, 467, 468, 471 of the Indian Penal Code read with Sections 30, 32, 33, 34(b) (iv), 35, 36 of the Bihar Prohibition and Excise Act, 2016 and Sections 103 and 104 of the Bihar Trade Mark Act, 1999.

200 liters of foreign liquor is said to have been recovered from the top floor of the house of the petitioner and the petitioner and his wife, namely, Shabnam Kumari, managed to escape, who had been identified by the informant and the Chaukidar during course of escape.

Patna High Court Cr.Misc. No.43092 of 2018 (2) dt.19-07-2018 2/2 It is submitted by the learned counsel for the petitioner that no incriminating article has been recovered from the conscious physical possession of the petitioner. The place of recovery is top floor of the house of the petitioner, which has been let out by him to one Banti Kumar @ Kishore Prasad preceding to the occurrence. The petitioner was not apprehended on the spot. There is violation of Section 100 of the Cr.P.C. The petitioner has no criminal antecedent and has been languishing in custody since 01.06.2018.

Considering the facts aforesaid, the above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Sri Purushottam Mishra, Special Court of Excise, Munger, in connection with Nayaram Nagar P.S. Case No. 106/2018.

(Prakash Chandra Jaiswal, J.) Rakhi U T