Deepak Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.51686 of 2018 Arising Out of PS. Case No.-296 Year-2018 Thana- KHAIRA District- Jamui ====================================================== Deepak Kumar, S/o Gorelal Yadav, R/o Vill-Numar, P.S. Barhat, Distt-Jamui. ... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Satya Prakash Parasar For the Opposite Party/s :
Mr. Anil Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 23-08-2018 Heard learned counsel for the petitioner and learned APP for the State.
The petitioner seeks bail in connection with Khaira P.S. Case no. 296 of 2018 registered for the offence punishable under Sections 272, 273 of I.P.C. and Sections 30(a), 38(1) of the Bihar Prohibition and Excise Act, 2016.
30.750 lts. of foreign liquor is said to have been recovered from motorcycle of the petitioner and he was apprehended.
It is submitted by learned counsel for the petitioner that no incriminating article has been recovered from conscious physical possession of the petitioner. He has no concern either with the seized liquor or with the motorcycle in question. He has been falsely implicated in this case by the police merely on
Patna High Court Cr.Misc. No.51686 of 2018(2) dt.23-08-2018 2/2 suspicion while he was passing through the place of occurrence at the time of occurrence and real culprits managed to escape dumping the aforesaid liquor laden motorcycle there seeing the police personnel. He has no criminal antecedent. He has been languishing in custody since 28.07.2018.
In the facts and circumstances of the case, the above named petitioner is directed to be enlarged on bail on furnishing bail bonds of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned A.D.J.-II, Jamui in connection with Khaira P.S. Case no. 296 of 2018. (Prakash Chandra Jaiswal, J) rohit/- U T