Patna High CourtCR. MISC./51532/2018bail granted

Onkar Kumar @ Rahul Kumar v. The State Of Bihar

2018-08-23Mr. Justice Prakash Chandra Jaiswal2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.51532 of 2018 Arising Out of PS.Case No. -164 Year- 2017 Thana -NAWADA District- NAWADA ====================================================== Onkar Kumar @ Rahul Kumar, S/o.Kanhi Mahto, R/o. Village- Adhrakhi Bigha, Sahebchak, P.S.- Nagar, District Nawada. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Man Mohan Kumar For the Opposite Party/s : Mr. Narsingh Tanti ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 23-08-2018 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 Sections 272 and 273 of the Indian Penal Code and Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

690 litres of country made liquor is said to have been recovered from the field of the petitioner and petitioner managed to escape.

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. The field is open place and easily accessible to anyone and he had no knowledge of keeping of said

Patna High Court Cr.Misc. No.51532 of 2018 (2) dt.23-08-2018 2/2 liquor in the field. He has been falsely implicated in the case. He was not apprehended on the spot. There is violation of Section 100 Cr.P.C. He has no criminal antecedent. He has been languishing in custody since 14.06.2018.

Considering the facts aforesaid, 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 A.D.J.-II cum Special Judge, Nawada in connection with Nawada (Town) P.S. Case No. 164 of 2017.

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