Ajay Kumar @ Nagendra Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.49888 of 2018 ====================================================== Ajay Kumar @ Nagendra Kumar, son of Arbind Prasad, resident of village Bhagwanpur (Dewar Shopi), P.S. Fatuwah, District Patna. .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Ashok Kumar Jha For the Opposite Party/s : Mr. Akhileshwar Dayal ====================================================== 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.
85 liters of country made liquor is said to have been recovered from the motorcycle being transported by three accused persons. Out of them two managed to escape while 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 either with the seized liquor or motorcycle in question. He has been falsely implicated in this case by the police because he refused to
Patna High Court Cr.Misc. No.49888 of 2018 (02) dt.13-08-2018 - 2 - become seizure list witness of the seizure of the aforesaid liquor and the real culprit managed to escape dumping the aforesaid liquor laden motorcycle there seeing the police personnel. There is violation of 100 Cr.P.C. He has no criminal antecedent and has been languishing in custody since 15.06.2018. 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 Special Judge Excise Act, Patna in connection with Gaurichak P.S. Case No. 183 of 2018.
(Prakash Chandra Jaiswal, J) Trivedi/- U T