Abhinav Vivek @ Sunny Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.24258 of 2018 Arising Out of PS.Case No. -100 Year- 2018 Thana -DANAPUR District- PATNA ======================================================

1. Abhinav Vivek @ Sunny Kumar S/o Shri Arvind Kumar Verma, R/o Vill.- Manzar, P.O.+P.S.- Pandaiya, Distt.- Gaya. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Subodh Kumar For the Opposite Party/s : Mr. Suresh Prasad Singh ====================================================== 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 and Section 25 (1-b) and 26 of the Arms Act.

6.75 liters of foreign liquor is said to have been recovered from the kitchen attached with the office, while a pistol is said to be recovered lying in the drawer of the official table of 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 been

Patna High Court Cr.Misc. No.24258 of 2018 (02) dt.26-04-2018 2/ 2 falsely implicated in this case. As a matter of fact, he has no concern with the seized article. Several staffs are working in his office and have access to the kitchen as well as to the table and drawer of the office of the petitioner. The drawer of the petitioner is not under lock and key of the petitioner and is accessible to anyone of his office staff. It is also submitted that the petitioner is suffering from liver disease prolapsed Gastopathy and needs very specialize treatment at the earliest. He has filed the report of the Medical Officer, Model Central Jail, Beur in this regard. He has been languishing in custody since 27.02.2018. 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-IX-cum-Special Judge Excise, Patna in connection with Danapur P.S. Case No. 100 of 2018.

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