Shiv Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.20801 of 2018 Arising Out of PS.Case No. -74 Year- 2018 Thana -GOVERNMENT OFFICIAL COMP. DistrictSASARAM (ROHTAS) ====================================================== Shiv Kumar S/o Late Rajendra Paswan, R/o Village- Motihari Tola, P.S.- Dehri (Town), District- Rohtas (Bihar).

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Dhaneshwar Prasad Gupta, Advocate. For the Opposite Party/s : Smt. Anita Kumari, APP. ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 13-04-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in Excise Case No. 74 of 2018 registered under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

18 litres of country made liquor is said to have been recovered from the road side ditch which is said to have been concealed by the petitioner and the 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

Patna High Court Cr.Misc. No.20801 of 2018 (2) dt.13-04-2018 2/2 either with the seized liquor or with the place of recovery. He has been falsely implicated in the case. Though one more criminal case under Section 414 of the Indian Penal Code has been lodged against the petitioner, but he is on bail in the said case. He has been languishing in custody since 24.02.2018. 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 Additional Sessions Judge-II-cum Special Judge, Excise, Rohtas at Sasaram in connection with Excise Case No. 74 of 2018.

(Prakash Chandra Jaiswal, J) Mishra/- U T