Ajay Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.53035 of 2018 Arising Out of PS.Case No. -156 Year- 2018 Thana -RAJPUR District- BUXAR ====================================================== Ajay Kumar Singh, S/o.Ramakant Singh, R.o. Village- Bhunwa, P.S.- Dinara, District- Rohtas.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Anil Kumar Roy For the Opposite Party/s : Mr. Dr. Mrityunjaya Kr. Gautam ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 28-08-2018 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 (Amendment) Act, 2016.

18 litres of foreign liquor is said to have been recovered from the motorcycle and other accused, namely Rajesh Kumar Singh sitting on the said motorcycle were apprehended during the course of escaping.

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 at the instance of his enemies by planting aforesaid recovery from

Patna High Court Cr.Misc. No.53035 of 2018 (2) dt.28-08-2018 2/2 his possession. The seizure 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 12.07.2018.

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 Additional District & Sessions Judge No. -II cum Special Judge, Excise Act, Buxar in connection with Rajpur P.S. Case No. 156 of 2018, G.R. No. 2311 of 2018.

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