Patna High CourtCR. MISC./23280/2018bail granted

Upendra Kumar v. The State Of Bihar

2018-04-26Mr. Justice Prakash Chandra Jaiswal2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.23280 of 2018 Arising Out of PS.Case No. -215 Year- 2018 Thana -JAHANABAD District- JEHANABAD ======================================================

1. Upendra Kumar, Son of Ramdhari Prasad, Resident of Mohalla- Purvi Unta, P.S. & District- Jehanabad.

.... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Paras Nath For the Opposite Party/s : Mr. Umanath Mishra ====================================================== 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 a case registered for the offence punishable under Section 30 (a) of the Bihar Prohibition and Excise Act, 2016.

16.875 liters of country made liquor is said to have been recovered from the Scooty and three accused persons including the petitioner standing near the said vehicle 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 been falsely implicated in this case by the police merely on suspicion

Patna High Court Cr.Misc. No.23280 of 2018 (02) dt.26-04-2018 2/ 2 while he was passing through the place of occurrence at the time of occurrence. He has no concern either with the seized liquor or the place of recovery. He has no criminal antecedent and has been languishing in custody since 20.03.2018.

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, Jehanabad in connection with Jehanabad P.S. Case No. 215 of 2018. (Prakash Chandra Jaiswal, J) Trivedi/- U T