Santosh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.45657 of 2018 ======================================================

1. Santosh Kumar Son of Upendra Singh resident of village Chand Surari, P.S. Bibhutipur, District Samastipur.

.... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Raja Ram Mishra For the Opposite Party/s : Mr. Navin Kumar Pandey ====================================================== 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.

6.300 liters of foreign liquor is said to have been recovered from the dickey of the motorcycle and petitioner and one another accused, namely, Osho Singh sitting on the said motorcycle were 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 with the seized liquor. He has been falsely implicated in this case at the

Patna High Court Cr.Misc. No.45657 of 2018 (3) dt.31-07-2018 instance of his enemy by planting the aforesaid recovery from his possession. He has no criminal antecedent and has been languishing in custody since 28.05.2018.

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 District Judge- VI -cum-Special Judge Excise Act, Samastipur in connection with Bibhutipur P.S. Case No. 133 of 2017. (Prakash Chandra Jaiswal, J) Kr. Uday/- U T