Subodh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.40140 of 2018 Arising Out of PS. Case No.-109 Year-2018 Thana- AKBARPUR District- Nawada ====================================================== Subodh Kumar S/o Rajendra Prasad , R/o Vill.- Chautha, P.S.- Rajauli District- Nawada.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Hansraj For the Opposite Party/s :

Mr. Kanhaiya Kishore ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 17-07-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in connection with Akbarpur P.S. Case no. 109 of 2018 registered under Section 30(a) of the Bihar Prohibition and Excise Act-2016. 40 lts. of country made liquor is said to have been recovered from dickey of the motorcycle of the petitioner and he was apprehended riding the said motorcycle.

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

Patna High Court Cr.Misc. No.40140 of 2018(3) dt.17-07-2018 2/2 aforesaid recovery from his possession. He has no criminal antecedent. He has been languishing in custody since 05.05.2018.

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 2nd Addll. Sessions Judge-cum-Special Judge Nawadah in connection with Akbarpur P.S. Case no. 109 of 2018.

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