Manish Kumar @ Kumar Manish @ Dhiraj Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.44854 of 2018 Arising Out of PS. Case No.-335 Year-2018 Thana- MOTIHARI TOWN District- East Champaran ====================================================== Manish Kumar @ Kumar Manish @ Dhiraj Kumar S/o Radha Mohan Ashtana, R/o Vill.- Chitrangupt Sadan, Chandmari, Ward No. 27, P.S.- Town (Motihari), District- East Champaran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Bal Govind Sharma For the Opposite Party/s :

Smt. Madhuri Lata ====================================================== 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 connection with Nagar Motihari P.S. Case no. 335 of 2018 registered under Section 30(a), 41(1) of Bihar Excise and Prohibition Act-2016. 38.445 lts. of foreign liquor is said to have been recovered from the house of the petitioner and petitioner was apprehended.

It is submitted by learned counsel for the petitioner that no incriminating article has been recovered from conscious physical possession of the petitioner. He has no concern with the seized liquor. He has been falsely implicated in this case at

Patna High Court Cr.Misc. No.44854 of 2018(2) dt.24-07-2018 2/2 the instance of his enemy. The house of the petitioner is inhabited by his other family members and he had no knowledge of keeping of liquor in the said house. He has no criminal antecedent. He has been languishing in custody since 6.06.2018.

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 Addl. District Sessions Judge-VII-cum-Special Judge, Excise Act, East Champaran, Motihari, in connection with Nagar Motihari P.S. Case no. 335 of 2018.

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