Arbind Kumar Jha @ Arvind Kumar Jha v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.53715 of 2018 Arising Out of PS.Case No. -220 Year- 2018 Thana -GOVERNMENT OFFICIAL COMP. DistrictSAMASTIPUR ====================================================== Arbind Kumar Jha @ Arvind Kumar Jha, Son of Late Chandrashekhar Jha, Resident of Village- Silout, P.S.- Muffasil, District- Samastipur. .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Anshu Dhar Sharma For the Opposite Party/s : Mr. Shailendra Kumar -2 ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 30-08-2018 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 Sections 30(a) of the Bihar Prohibition and Excise Act, 2016.
10.80 liters of foreign liquor is said to have been recovered from the possession 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 conscious physical possession of the petitioner. He has no concern with the seized liquor. He has been falsely implicated in this case at the instance of his enemy by planting the aforesaid recovery from his
Patna High Court Cr.Misc. No.53715 of 2018 (2) dt.30-08-2018 2/2 possession. Though one more case under Excise Act has been lodged against the petitioner, but he is on bail in the said case. He has no criminal antecedent and has been languishing in custody since 27.07.2018.
In the facts and circumstances of the case, 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 ADJ-VI-cumSpecial Judge Excise, Samastipur in connection with Excise Case No. 220 of 2018.
(Prakash Chandra Jaiswal, J) Trivedi/- U T