Jitendra Kuswaha @ Jitendra Kushwaha @ Jhun Jhun @ Jitendra Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.7493 of 2018 Arising Out of PS.Case No. -408 Year- 2017 Thana -JAGDIHSPUR District- BHOJPUR ======================================================

1. Jitendra Kuswaha @ Jitendra Kushwaha @ Jhun Jhun @ Jitendra Singh Son of Ram Bachan Kushwaha. Resident of Village-Sangam Tola, Police Station-Jagdishpur, District-Bhojpur at Ara.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ramchandra Singh For the Opposite Party/s : Smt. Asha Devi ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 13-02-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in Excise Case No. 27 of 2018, arising out of Jagdishpur P.S. Case No.408 of 2017 registered under Section 30 (a) of the Bihar Prohibition and Excise Act, 2016.

144.360 liters of foreign liquor is said to have been recovered from the cow shade 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. The petitioner was not apprehended from the spot. The aforesaid cow shade is in

Patna High Court Cr.Misc. No.7493 of 2018 (02) dt.13-02-2018 2/ 2 occupation of several members of the family of the petitioner. The seizure list does not bear the signature of the petitioner. He has been falsely implicated in this case. He has no criminal antecedent. He has been languishing in custody since 09.01.2018. 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-IV, Bhojpur at Ara in connection with Excise Case No.27 of 2018, arising out of Jagdishpur P.S. Case No. 408 of 2017.

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