Pankaj Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.52613 of 2018 Arising Out of PS.Case No. -239 Year- 2018 Thana -TAJPUR District- SAMASTIPUR ====================================================== Pankaj Kumar, Son of Uma Shankar Sah, resident of village - Gangapur, P.S.-Waini, District - Samastipur.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Mukesh Kumar No-1 For the Opposite Party/s : Mr. Amit Kumar Rakesh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 27-08-2018 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 272 and 273 of the Indian Penal Code and Sections 30(a) and 38(i)(ii) of the Bihar Prohibition and Excise Act, 2016.

4.320 litres of foreign liquor is said to have been recovered from the bush located behind the hotel of the petitioner and the 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 place of recovery. Place of recovery is open place and is easily accessible to anyone. Seizure

Patna High Court Cr.Misc. No.52613 of 2018 (2) dt.27-08-2018 2/2 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 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 6th Addl. Sessions Judge cum Special Judge, Excise Act, Samastipur in connection with Tajpur (Waini) P.S. Case No. 239 of 2018. (Prakash Chandra Jaiswal, J) Mishra/- U T