Mithilesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.49863 of 2018 Arising Out of PS.Case No. -360 Year- 2018 Thana -GOVERNMENT OFFICIAL COMP. DistrictSITAMARHI ====================================================== Mithilesh Kumar, son of Bhutari Mahto, resident of Village- Kanhauli, P.S.- Kanhali, District- Sitamarhi.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Hans Lal Kumar For the Opposite Party/s : Mr. Anil Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 23-08-2018 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.

200.100 litres of Nepali saufi wine is said to have been recovered from the possession of the petitioner. 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 by the personnel of Excise Department merely on suspicion while

Patna High Court Cr.Misc. No.49863 of 2018 (3) dt.23-08-2018 2/2 he was passing through the place of occurrence at the time of occurrence. The real culprit managed to escape dumping the aforesaid liquor there seeing the personnel of Excise Department. The seizure list does not bear the signature of the petitioner. There is violation of Section 100 Cr.P.C. He has no criminal antecedent. He has been languishing in custody since 08.07.2018. Considering the facts aforesaid, 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 A.D.J.-II cum Special Judge, Excise Act, Sitamarhi in connection with Case No. C2-360 of 2018.

(Prakash Chandra Jaiswal, J) Kr. Uday/- U T