Sudhir Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.47517 of 2018 Arising Out of PS. Case No.-217 Year-2018 Thana- GOVERNMENT OFFICIAL COMP. District- Gaya ====================================================== Sudhir Kumar S/o Bijay Yadav, R/o Vill.- Jabra, P.S.- Hanterganj, DistrictChatra. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sheikh Arkan Ahmad For the Opposite Party/s :

Mr. Uday Pratap Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 03-08-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in connection with Excise (Sherghati) P.S. Case No. 217 of 2018 registered for the offence punishable under Section 30(a) 56 (/k) of the Bihar Prohibition and Excise Act, 2016.

15 lts. of country made liquor is said to have been recovered from motorcycle of the petitioner and he 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.47517 of 2018(2) dt.03-08-2018 2/2 the instance of his enemy by planting the recovery from his possession. There is no compliance of Section 100 Cr.P.C. He has no criminal antecedent. He 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 bonds of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Special Judge, Excise, Gaya in connection with Excise (Sherghati) P.S. Case No. 217 of 2018.

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