Kamlesh Sinduriya v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.49657 of 2018 Arising Out of PS.Case No. -227 Year- 2018 Thana -GOVERNMENT OFFICIAL COMP. DistrictJAMUI ====================================================== Kamlesh Sinduriya S/o Surendra Sinduriya, R/o Vill.- Anda Patti, P.S.- Giridih, District- Giridih, State - Jharkhand. .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Satya Prakash Parasar For the Opposite Party/s : Mr. Pramod Kumar Pandey ====================================================== 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.
14 liters of country made and 19 liters of foreign liquor are said to have been recovered from the scooty of the petitioner and 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 has been falsely implicated in this case by the
Patna High Court Cr.Misc. No.49657 of 2018 (2) dt.13-08-2018 2/2 personnel of the Excise Department merely on suspicion while he was passing through the place of occurrence at the time of occurrence while the real culprit managed to escape dumping the aforesaid liquor there seeing them. There is violation of Section 100 Cr.P.C. He has no criminal antecedent and has been languishing in custody since 13.07.2018.
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 A.D.J. 2nd, Jamui in connection with Case No. 227C2 of 2018. (Prakash Chandra Jaiswal, J) Kr. Uday/- U T