Nand Kishore Ram v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.49187 of 2018 Arising Out of PS.Case No. -220 Year- 2018 Thana -MURLIGANJ District- MADHEPURA ====================================================== Nand Kishor Ram son of Late Gorelal Ram resident of village - Manikpur, Ward No. 2, P.S.Madhepura (Bhararahi), District - Madhepura .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Anant Kumar-1 For the Opposite Party/s : Mr. Nirmal Kumar Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 10-08-2018 Heard learned counsel for the petitioner and learned APP for the State.
Petitioner seeks bail in a case registered for the offence punishable under Sections 30(a) and 37(b) of the Bihar Prohibition and Excise Act, 2016.
13 litres of country made liquor is said to have been recovered from the motorcycle and the petitioner and one Nandlal Rishideo sitting on the said motorcycle were 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 the case at the instance of his enemies by planting aforesaid recovery from
Patna High Court Cr.Misc. No.49187 of 2018 (2) dt.10-08-2018 2/2 his possession. There is violation of Section 100 Cr.P.C. He has no criminal antecedent. He has been languishing in custody since 20.06.2018.
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 Additional Sessions Judge-II cum Special Judge, Excise Act, Madhepura in connection with Muraliganj P.S. Case No. 220 of 2018, Excise Case No. 237 of 2018.
(Prakash Chandra Jaiswal, J) Mishra/- U T