Avani Bhushan Prasad Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.8332 of 2018 ======================================================

1. Avani Bhushan Prasad Singh, Son of Sri Ram Keshwar Prasad Singh, Resident of Village- Urdu Bazar, Leharia Sarai, P.S.- Leharia Sarai, Darbhanga.

.... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Saket Tiwary For the Opposite Party/s : Mr. Prem Kumar Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 16-02-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in Kaler P.S. Case No.29 of 2017 registered under Section 30 (a) of the Bihar Prohibition and Excise Act, 2016.

4320 bottles of foreign liquor is said to have been recovered from the truck and its driver and khalasi were apprehended. The apprehended accused persons disclosed the names of different persons involved in the illegal trade of liquor. It is submitted by learned counsel for the petitioner that no incriminating article has been recovered from the conscious physical possession of the petitioner. Petitioner is not named in the F.I.R. He happens to be police official. Similarly

Patna High Court Cr.Misc. No.8332 of 2018 (02) dt.16-02-2018 2/ 2 situated co-accused persons, namely, Ajit Kumar and Surendra Kumar @ Surendra Kumar Singh @ Pahalwan have been enlarged on bail by coordinate Benches of this Court in Cr. Misc. No.1371 of 2018 and 988 of 2018 vide order dated 24.01.2018 and 18.01.2018. Petitioner has no criminal antecedent. He has been languishing in custody since 23.01.2018. He was earlier in custody from 14.10.2017 to 31.10.2017.

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 A.D.J.-II-cumSpecial Judge (Excise Act), Jehanabad in connection with Kaler P.S. Case No.29 of 2017.

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