Pawan Kumar v. The State Of Bihar

Patna High Court Cr.Misc. No.35131 of 2018 (2) dt.21-06-2018 1/ 2

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No. 35131 of 2018 ====================================================== Pawan Kumar, son of Angad Yadav, resident of Village- Thatha Police Station- Mansi, District- Khagaria.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr.

For the Opposite Party/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 22-06-2018 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.

About 156 liters of foreign liquor is said to have been recovered from the tempo and the petitioner who happens to be its driver and one another accused Babu Saheb 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 no concern with the seized liquor. He has been falsely implicated in this case at the instance of his enemy by planting the aforesaid recovery. The seizure list does not bear the signature of the petitioner. There

Patna High Court Cr.Misc. No.35131 of 2018 (2) dt.21-06-2018 2/ 2 is violation of provisions of Section 100 Cr.P.C. in course of seizure. The petitioner has no criminal antecedent and has been languishing in custody since 04.04.2018.

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 Additional Sessions Judge-III-cum-Special Judge Excise, Khagaria in connection with Mansi P.S. Case No. 63 of 2018. (Prakash Chandra Jaiswal, J) Trivedi/- U T