Prakash Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.22898 of 2019 Arising Out of PS. Case No.-6 Year-2019 Thana- BAKHTIYARPUR RAIL P.S. DistrictPatna ====================================================== Prakash Kumar, Male, aged about 20 years, Son of Yogi Yadav @ Yogi Prasad Yadav Resident of Village - Gopkita, P.S.- Pandarak, District- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Prem Ranjan Kumar For the Opposite Party/s :

Mr. Nityanand ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 10-04-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in connection with Rail P.S. Bakhtiyarpur (Barh) Case No. 6 of 2019 registered under Section 30(a) of the Bihar Excise & Prohibition Act-2016. 12 lts. of country made liquor is said to have been recovered from the possession of the petitioner and he 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

Patna High Court CR. MISC. No.22898 of 2019(2) dt.10-04-2019 2/2 from his possession. There is no compliance of Section 100 Cr.P.C. He has no criminal antecedent and has been languishing in custody since 27.01.2019.

On the other hand, learned APP opposed the bail prayer of the petitioner.

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 Special Judge, Excise, Patna in connection with Rail P.S. Bakhtiyarpur (Barh) Case No. 6 of 2019. (Prakash Chandra Jaiswal, J) rohit/- U T