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Patna High CourtCR. MISC./24712/2018bail granted

Subodh Kumar v. The State Of Bihar

2018-05-01Mr. Justice Prakash Chandra Jaiswal2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.24712 of 2018 Arising Out of PS. Case No.-148 Year-2018 Thana- NAWADA District- Nawada ====================================================== Subodh Kumar S/o Dinesh Kumar R/o Village - Nehaluchak, P.S. Nagar Nawada, District - Nawada, Bihar.

... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr. Pramod Kumar Verma For the Opposite Party/s :

Mr. Harendra Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 01-05-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in connection with Nawada P.S. Case no. 148 of 2018 registered under Sections 272, 273/34 of I.P.C. and Section 30(a) of Bihar Prohibition & Excise Act2016. 250 lts. of spirit is said to have been recovered from the disputed land between Ajay Kumar and his Pattidar and the petitioner was apprehended.

It is submitted by learned counsel for the petitioner that no incriminating article has been recovered from conscious physical possession of the petitioner. He has no concern either with the seized spirit or with the place of recovery. He also does

Patna High Court Cr.Misc. No.24712 of 2018(2) dt.01-05-2018 2/2 not happen to be Pattidar of Ajay Kumar. He has been falsely implicated in the case by the police merely on suspicion while he was going through the place of occurrence at the time of occurrence. He has no criminal antecedent. He has been languishing in custody since 09.03.2018.

In the facts and circumstances of the case, the above named petitioner is directed to be enlarged on bail on furnishing bail bonds of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned 2nd Addl. District Judge-cum-Special Judge, Nawada in connection with Nawada P.S. Case no. 148 of 2018. (Prakash Chandra Jaiswal, J) rohit/- U T