Jai Shankar Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.37367 of 2018 Arising Out of PS. Case No.-70 Year-2018 Thana- BEUR District- Patna ====================================================== Jai Shankar Kumar S/o- Sri Rajenra Manjhi, R/v- Hasanpura, Musahri, P.S.- Beur, District- Patna.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Vijay Kumar Sinha For the Opposite Party/s :

Mr. Umeshnand Pandit ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 16-07-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in connection with Beur P.S. Case No. 70 of 2018 registered under Sections 30(a), 37(b) of the Bihar Prohibition and Excise Act-2016. 80 lts. of toddy and 2 lts. of country made liquor are said to have been recovered from the joint possession of the petitioner and accused Rahul Kumar.

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 with the seized article. He has been falsely implicated in this case at the instance of his enemy by planting the

Patna High Court Cr.Misc. No.37367 of 2018(3) dt.16-07-2018 2/2 aforesaid recovery from his possession. He has no criminal antecedent. He has been languishing in custody since 15.03.2018.

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 Special Judge, Excise, Patna in connection with Beur P.S. Case No. 70 of 2018.

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