Raju Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.2104 of 2018 Arising Out of PS.Case No. -301 Year- 2017 Thana -BRAHMPURA District- MUZAFFARPUR ======================================================

1. Raju Kumar Son of Shankar Mahto Resident of Village-Saraiyaganj tower P.S. Town. District-Muzaffarpur.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Amit Kumar Jha, Adv. For the Opposite Party/s : Mr. Panchanand Pandit, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 23-01-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in Brahampura P.S. Case No.301 of 2017 registered under Section 32 (1) of the Bihar Prohibition and Excise Act, 2016 and Section 272 and 273 of the Indian Penal Code.

As per the prosecution case, 60 liters of toddy 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 been falsely implicated in this case. He has no criminal antecedent. The seizure list does not bear the signature of the petitioner. The

Patna High Court Cr.Misc. No.2104 of 2018 (02) dt.23-01-2018 2/ 2 petitioner has been languishing in custody since 28.11.2017. 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 3rd Additional Sessions Judge-cum-Special Judge Excise, Muzaffarpur in connection with Brahampura P.S. Case No.301 of 2017. (Prakash Chandra Jaiswal, J) Trivedi/- U T