Aman Raj v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.46490 of 2018 Arising Out of PS.Case No. -126 Year- 2018 Thana -GOVERNMENT OFFICIAL COMP. DistrictBHAGALPUR ====================================================== Aman Raj, Son of Mahendra Prasad Yadav, resident of village - Khuranha, P.S.-Jadishpur, District - Bhagalpur.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Dhananjay Kumar Gupta For the Opposite Party/s : Mr. Jai Narain Thakur ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 31-07-2018 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.

9.525 litres of foreign liquor is said to have been recovered from two bags being carried by the petitioner in the bus and the 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 the case by the personnel of excise department on suspicion while he was

Patna High Court Cr.Misc. No.46490 of 2018 (2) dt.31-07-2018 2/2 travelling in the bus and real culprit managed to escape dumping the aforesaid bags containing liquor in the bus 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 28.05.2018.

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, Bhagalpur in connection with Excise Case No. 126 of 2018.

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