Brajesh Kumar Singh @ Brijesh Kumar Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.23868 of 2018 Arising Out of PS.Case No. -128 Year- 2018 Thana -GOVERNMENT OFFICIAL COMP. DistrictEASTCHAMPARAN(MOTIHARI) ======================================================
1. Brajesh Kumar Singh @ Brijesh Kumar Singh son of Rajalal Singh resident of Village - Supoli, P.S. - Panchrukhi, District - Siwan. .... .... Petitioner/s
Versus
1. The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Umesh Chandra Verma, Advocate. Mr. Abhishek Kumar @ Sonu, Advocate.
For the Opposite Party/s : Dr. Indiwar Kumari, A.P.P. ====================================================== 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 Excise Case No.128 of 2018 registered under Section 30 (a) of the Bihar Prohibition and Excise Act, 2016.
594.360 liters of foreign liquor is said to have been recovered from the open field within the boundary of the under constructed Power Grid and three accused persons including the petitioner were 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.23868 of 2018 (02) dt.26-04-2018 2/ 2 falsely implicated in this case at the instance of his enemy. He has no concern with the seized liquor or the place of recovery or any trade of liquor. He has no criminal antecedent and has been languishing in custody since 15.03.2018. Similarly situated coaccused, namely, Nageshwar Rai and Arvind Kumar have been granted bail by a coordinate Bench of this Court in Cr. Misc. No.22595 of 2018 vide order dated 19.04.2018. 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 4thAdditional Sessions Judge-cum-Special Judge Excise, East Champaran at Motihari in connection with Excise Case No.128 of 2018. (Prakash Chandra Jaiswal, J) Trivedi/- U T