Patna High CourtCR. MISC./49636/2018bail granted

Amlesh Kumar @ Awlesh Kumar v. The State Of Bihar

2018-08-13Mr. Justice Prakash Chandra Jaiswal2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.49636 of 2018 Arising Out of PS.Case No. -58 Year- 2018 Thana -NAWAKOTHI District- BEGUSARAI ====================================================== Amlesh Kumar @ Awlesh Kumar S/o Late Ramchandra Singh, R/o Vill. Purvi Dafarpur, Ward No. 8, P.S.- Naokothi, District- Begusarai. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sandip Kumar Gautam For the Opposite Party/s : Mr. Tarun Prasad Mandal ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 13-08-2018 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.

22.680 liters of foreign liquor is said to have been recovered from the plastic bag kept in the flour mill of the petitioner 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 happens to be the owner of the said flour mill and had no knowledge of keeping of the liquor in the plastic bag in

Patna High Court Cr.Misc. No.49636 of 2018 (2) dt.13-08-2018 2/2 his flour mill. He has no criminal antecedent and has been languishing in custody since 22.06.2018.

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-II-cum-Special Judge, Bihar Prohibition and Excise Act, Begusarai in connection with Naokothi P.S. Case No. 58 of 2018.

(Prakash Chandra Jaiswal, J) Kr. Uday/- U T