Ujjawal Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.55281 of 2018 Arising Out of PS. Case No.-317 Year-2017 Thana- KOTWALI District- Patna ====================================================== Ujjawal Kumar S/o Late Subhash Prasad, R/o 4/B, Pushpanjali Apartment , Budha Colony , P.S.- Budha Colony, District- Patna. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Anil Kumar Mishra For the Opposite Party/s :
Mr. Sri Ram Priya Saran Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 18-09-2018 Heard learned counsel for the petitioner and learned counsel for the State.
The petitioner, who is in custody, seeks bail in connection with Kotwali P.S. Case No. 317 of 2017 (Excise) Special Case No. 3289 of 2017 registered for the offence punishable under Sections 272, 273, 120(B) of the Indian Penal Code and Section 47 of Bihar Prohibition & Excise Act, 2016 and Sections 30(a), 38(2), 41(1)(2), 47 of Excise Act. FIR has been lodged against eight accused persons on recovery of 1762.5 litres of liquor and at the place of occurrence three persons were arrested.
It has been submitted on behalf of the petitioner that petitioner is not named in the FIR. His name has surfaced
Patna High Court Cr.Misc. No.55281 of 2018(2) dt.18-09-2018 2/2 on the basis of confessional statement of co-accused before the police. No overt act has been alleged against him. Petitioner is a small tour and travels agent and the police has falsely implicated him because he failed to oblige them. Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge (Excise), Patna, in connection Kotwali P.S. Case No. 317 of 2017 (Excise) Special Case No. 3289 of 2017. (S. Kumar, J) veena/- U T