Uma Shankar Prasad v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.79309 of 2018 Arising Out of PS. Case No.-655 Year-2018 Thana- KADAMKUAN District- Patna ====================================================== Uma Shankar Prasad, son of Late Jagdish Prasad Resident of Aarogya Mandir Sansthan Campus, Nala Road, P.S.- Kadamkuan, District - Patna ... ... Petitioner/s
Versus
The State of Bihar. ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Samir Kumar For the Opposite Party/s :
Mr. Ram Anurag Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 18-01-2019 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 Act, 2016.
78.45 liters of foreign liquor is said to have been recovered from the wash room of Aarogya Mandir Sansthan allegedly kept there by the petitioner and other named accused persons and the petitioner is said to have been identified in the CCTV footage doing some incriminating activities. 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 either with the seized liquor or any trade of liquor. As per the written report itself the light of the campus was switched off so there
Patna High Court Cr.Misc. No.79309 of 2018(2) dt.18-01-2019 2/2 was no question of taking photo of petitioner by CCTV camera in the dark. He has been falsely implicated in the case at the instance of his enemies. There is no cogent material indicating the complicity of the petitioner in the occurrence. He has no criminal antecedent. He has been languishing in custody since 30.10.2018.
Considering the facts aforesaid, the above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Special Judge, Excise Act, Patna in connection with Kadam Kuan P.S. Case No.655 of 2018.
(Prakash Chandra Jaiswal, J) Trivedi/- U T