Bijay Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.18489 of 2018 Arising Out of PS. Case No.-27 Year-2018 Thana- CHAURADANO District- East Champaran ====================================================== Bijay Kumar S/o Dinesh Yadav @ Dinesh Prasad Yadav, R/o VillageJolgawan, P.S.- Jitna, District- East Champaran, at Present R/o Sanfulwa, P.O.- Hardiya, P.S.- Kawahi, District- Bara (Nepal). ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ajay Kumar Singh For the Opposite Party/s :

Smt. Sahin Begam, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 26-04-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in connection with Chauradano (Mahuawa) P.S. Case no. 27 of 2018 registered under Sections 272, 273 of the Indian Penal Code, Section 25(1b)A/25(1-A), 25(AA)/26/35 of the Arms Act and Section 30(a) of Bihar Prohibition & Excise Act-2016.

27 lts. of Nepali wine and a live cartridge are said to have been recovered from joint possession of the petitioner and Deepak Kumar.

It is submitted by learned counsel for the petitioner that no incriminating article has been recovered from conscious physical possession of the petitioner. No fire arm has been

Patna High Court Cr.Misc. No.18489 of 2018(3) dt.26-04-2018 2/2 recovered from the possession of the petitioner. He has no concern with the seized articles. He has been falsely implicated in the case at the instance of his enemy by planting the aforesaid recovery from his possession. He has no criminal antecedent. He has been languishing in custody since 5.02.2018. In the facts and circumstances of the case, the above named petitioner is directed to be enlarged on bail on furnishing bail bonds of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Special Judge, Excise, East Champaran at Motihari in connection with Chauradano (Mahuawa) P.S. Case no. 27 of (Prakash Chandra Jaiswal, J) rohit/- U T