Nitish Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.46656 of 2018 Arising Out of PS. Case No.-248 Year-2018 Thana- BAKHTIYARPUR District- Patna ====================================================== Nitish Kumar Son of Luthi Rai, resident of Village- Jafrabad, Police StationRaghopur, District- Vaishali. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Gajanan Mishra For the Opposite Party/s :

Mr. Braj Kishore Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 28-08-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in connection with Bakhtiyarpur P.S. Case no. 248 of 2018 registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

16.500 lts. of foreign liquor is said to have been recovered from motorcycle and petitioner sitting on the said motorcycle 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 either with the seized liquor or with the motorcycle in question. He

Patna High Court Cr.Misc. No.46656 of 2018(4) dt.28-08-2018 2/2 was travelling on the said motorcycle as pillion rider by taking lift from its driver, who managed to escape leaving the aforesaid liquor laden motorcycle seeing the police personnel and petitioner has falsely been implicated in this case. He has no criminal antecedent. He has been languishing in custody since 13.05.2018.

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 Act, Patna in connection with Bakhtiyarpur P.S. Case no. 248 of 2018.

(Prakash Chandra Jaiswal, J) rohit/- U T