Sunil Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.50630 of 2018 Arising Out of PS.Case No. -95 Year- 2018 Thana -TARARI District- BHOJPUR ======================================================

1. Sunil Kumar S/o Birendra Kumar @ Sri Birendra Singh @ Birendra Singh R/o Village Diliya, P.S. - Tarari, District - Bhojpur. .... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Ravindra Kumar For the Opposite Party/s : Mr. Anish Chandra ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 18-08-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case registered for the offence under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

71.37 litres of foreign liquor is said to have been recovered from the Tata Indigo Car and the petitioner was apprehended in the course of escaping from the said Car. 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 with the car in question. He has been falsely implicated in this case by the police merely on

Patna High Court Cr.Misc. No.50630 of 2018 (2) dt.18-08-2018 2/2 suspicion while he was passing through the place of occurrence at the time of occurrence. The real culprit managed to escape leaving liquor laden car there seeing the police personnel. The seizure list does not bear the signature of the petitioner. He has no criminal antecedent. He has been languishing in custody since 18.07.2018. 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 4th Additional District and Sessions Judge cum Special Judge, Excise, Bhojpur at Ara in connection with Excise Case No. 1146 of 2018 arising out of Tarari P.S. Case No. 95 of 2018.

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