Nirmal Kumar @ Nirmal Kumar Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.36351 of 2018 Arising Out of PS.Case No. -256 Year- 2018 Thana -BEGUSARAI MUFFASIL DistrictBEGUSARAI ======================================================
1. Nirmal Kumar @ Nirmal Kumar Singh, Son of Ranjan Singh, Resident of village- Rajaura, P.S.- Muffasil, District- Begusarai. .... .... Petitioner/s
Versus
1. The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Randhir Kumar No-1 For the Opposite Party/s : Smt. Veena Rani Prasadd. ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 31-07-2018 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.
295.875 liters of foreign liquor is said to have been recovered from the hut located near the bamboo clamp of the petitioner and petitioner was apprehended.
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 the place of recovery. The hut is open and
Patna High Court Cr.Misc. No.36351 of 2018 (03) dt.31-07-2018 without doors and is easily accessible to anyone. He was not apprehended from the aforesaid place rather from somewhere else. There is violation of Section 100 Cr.P.C. Though one more criminal case has been lodged against the petitioner but he is on bail in the said case. He has been languishing in custody since 16.05.2018.
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 Additional Sessions Judge-II-cum-Special Judge Excise Court, Begusarai in connection with Muffasil P.S. Case No.256 of 2018. (Prakash Chandra Jaiswal, J) Trivedi/- U T