Vikash Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.52652 of 2018 Arising Out of PS.Case No. -732 Year- 2018 Thana -GOVERNMENT OFFICIAL COMP. DistrictNAWADA ====================================================== Vikash Kumar, Son of Late Ram Nath Singh, resident of village - Purani Bus Stand Takuan Tarn Rajauli, P.S.-Rajauli, District - Nawadah. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ram Prawesh Kumar For the Opposite Party/s : Mr. Awadhesh Kumar Singh ====================================================== 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 30(a) and 56(d) of the Bihar Prohibition and Excise Act, 2016.

52 litres of country made liquor is said to have been recovered from the motorcycle 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 with the seized liquor. He has been falsely implicated in the case. As a matter of fact, he had given lift to a person carrying bag on

Patna High Court Cr.Misc. No.52652 of 2018 (2) dt.27-08-2018 2/2 his motorcycle without any knowledge of keeping of the liquor in the said bag and the said person managed to escape leaving the aforesaid bag on his motorcycle seeing the personnel of Excise department. He has no criminal antecedent. He has been languishing in custody since 17.07.2018.

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 Addl. District and Sessions Judge-II cum Special Judge, Nawadah in connection with G.O. Case No. 242 of 2018, Excise Case No. 732 of 2018. (Prakash Chandra Jaiswal, J) Mishra/- U T