Vinod Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.26765 of 2016 Arising Out of PS.Case No. -12 Year- 2016 Thana -GOVERNMENT OFFICIAL COMP. DistrictEASTCHAMPARAN(MOTIHARI) ====================================================== Vinod Kumar, son of Sri Harishankar Rai, resident of Village Parai, P.S. Shikarganj, District- East Champaran, Motihari. .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Anil Kumar For the Opposite Party/s : Mr. None ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 12-07-2016 Again none appeared on behalf of the State in a case, in which the petitioner is in custody in connection with possession of illegal foreign liquor.

Heard Sri Hemendra Prasad Singh, learned Senior Counsel, who was assisted by Sri Arbind Kumar, learned counsel for the petitioner.

The sole petitioner, who is in custody since 03.04.2016 in connection with Excise Case no. 12/2016 registered for the offence under Section 47(a) of the Excise Act, has prayed for grant of bail.

It was submitted by learned counsel for the petitioner that without any jurisdiction, F.I.R. was lodged. He submits that on the date when the seizure was conducted, there

Patna High Court Cr.Misc. No.26765 of 2016 (2) dt.12-07-2016 2/2 was no prohibition. He further submits that the petitioner has been falsely implicated showing recovery of 25.44 liters of foreign liquor.

Keeping in view the nature of accusation as well as non-opposition of the State, let the petitioner, namely, Vinod Kumar 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 learned A.C.J.M. Sikrahna at Dhaka, Motihari in connection with Excise Case no.12/2016.

(Rakesh Kumar, J) NKS/- U