Patna High CourtCR. MISC./50430/2018bail granted

Amit Kumar v. The State Of Bihar

2018-08-16Mr. Justice Prakash Chandra Jaiswal2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.50430 of 2018 Arising Out of PS.Case No. -534 Year- 2018 Thana -MUZAFFARPUR TOWN DistrictMUZAFFARPUR ====================================================== Amit Kumar S/o Late Ram Nath Singh, R/o Mohalla- Sikandarpur Kunetal, P.S.- Town, District- Muzaffarpur.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ravi Ranjan For the Opposite Party/s : Mr. Rajeev Nayan ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 16-08-2018 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.

18 litres of foreign liquor is said to have been recovered from beside the toilet located in front of the house of Ex. MLA Vijendra Chaudhary said to be kept there by the petitioner and one Sachin Kumar and both were apprehended. It is submitted by learned counsel for the petitioner that no incriminating article has been recovered from the

Patna High Court Cr.Misc. No.50430 of 2018 (2) dt.16-08-2018 2/2 conscious physical possession of the petitioner. He has no concern either with the seized liquor or place of recovery. Place of recovery is open place and is easily accessible to anyone. Seizure list does not bear the signature of the petitioner. There is violation of Section 100 Cr.P.C. He has no criminal antecedent. He has been languishing in custody since 23.07.2018.

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 Special Judge, Excise, Muzaffarpur in connection with Muzaffarpur Town P.S. Case No. 534 of 2018.

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