Gaurav Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.47563 of 2018 Arising Out of PS. Case No.-154 Year-2018 Thana- SHRIKRISHNAPURI District- Patna ====================================================== Gaurav Kumar, Son of Sri Madan Kumar Singh, resident of VillageMaharani Bairiya, P.S.- Kotwa, District- East Champaran, Present residing at Tenant in House of Bishwanath Singh, Shivpuri, P.S.- Shastri Nagar, DistrictPatna. ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Anshuman Singh Mr. Rakesh Kumar No.1 Mahadev Jha Hridayal Kumar For the Opposite Party/s :

Mr. Bal Mukund Prasad Sinha ====================================================== 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 Shree Krishnapuri P.S. Case No. 154 of 2018 registered for the offence punishable under Sections 30(A), 38(1) of Bihar Prohibition Excise Act, 2016.

Petitioner along with two other accused persons were apprehended from near Railway line and from possession of the co-accused persons, some illicit liquor was recovered and on their disclosure, 40.150 lts. illicit liquor was recovered from the house of three other accused persons named in the F.I.R.

Patna High Court Cr.Misc. No.47563 of 2018(2) dt.03-08-2018 2/2 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 or with the aforesaid apprehended accused persons. He happens to be student and was passing through the place of occurrence to purchase some articles and on the way, he was apprehended by the police merely on suspicion. He had not made any disclosure. He has no criminal antecedent. He has been languishing in custody since 21.06.2018. 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, Patna in connection with Shree Krishnapuri P.S. Case No. 154 of 2018.

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