Bikram Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.44627 of 2018 Arising Out of PS.Case No. -183 Year- 2018 Thana -RAJAULI District- NAWADA ====================================================== Bikram Kumar, Son of Surendra Prasad, Resident of Mohalla- Machhali Market, Ramchandrapur, P.S.- Laheri, District- Nalanda at Biharsharif. .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Sheo Kumar Prasad For the Opposite Party/s : Mr. Navin Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 24-07-2018 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.
38 liters of country made liquor is said to have been recovered from the bag kept beneath the seat of the petitioner in the bus.
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 the place of recovery. He happens to be a simple commuter and had no knowledge of keeping of the said liquor beneath the seat of the bus. He has been falsely implicated
Patna High Court Cr.Misc. No.44627 of 2018 (2) dt.24-07-2018 in this case at the instance of his enemy by planting the aforesaid recovery. There is violation of Section 100 Cr.P.C. He has no criminal antecedent and has been languishing in custody since 11.06.2018.
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 District and Sessions Judge- II -cum-Special Judge Excise Act, Nawada in connection with Rajauli P.S. Case No. 183 of 2018. (Prakash Chandra Jaiswal, J) Trivedi/Uday U T