Patna High CourtCR. MISC./45800/2018bail granted

Mukesh Kumar Singh v. The State Of Bihar

2018-07-27Mr. Justice Prakash Chandra Jaiswal2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.45800 of 2018 ====================================================== Mukesh Kumar Singh, Son of Ram Kumar Singh, Resident of VillageLodipur, P.S.- Mehendia, District- Arwal .... .... Petitioner

Versus

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

For the Petitioner : Mr. Dhirendra Kumar, Adv. For the Opposite Party : Mr. Anant Kumar, 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 Section 30 (a) of the Bihar Prohibition and Excise Act, 2016.

115 liters of country made liquor is said to have been recovered from the Maruti Suzuki Omini Car and the petitioner was apprehended from the said car.

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 was coming from Aurangabad by the said car to attend a marriage, on way one person took lift from him with gunny bag and escaped away seeing the personnel of the Excise

Patna High Court Cr.Misc. No.45800 of 2018 (02) dt.27-07-2018 - 2 - Department leaving the aforesaid bag in his car and 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 25.06.2018.

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-VII-cum-Special Judge (Excise), Aurangabad in connection with Excise Case No. 576 of 2018. (Prakash Chandra Jaiswal, J) Trivedi/- U T