Santosh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.37238 of 2018 Arising Out of PS. Case No.-211 Year-2018 Thana- CHAPRA MUFFASIL District- Saran ====================================================== Santosh Kumar S/o Baharan Rai, R/o vill.- Shekhpura Paiga, P.S.- Amnour, District- Saran at Chapra.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rama Kant Singh For the Opposite Party/s :

Mr. Ahtash Ali Khan ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 03-07-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in connection with Chapra (Saran) Muffassil P.S. Case No. 211 of 2018 registered under Sections 272, 273, 414 and 34 of I.P.C. and Sections 30 38 and 41 of Bihar Prohibition and Excise Act, 2016. 110 lts. of country made liquor is said to have been recovered from Alto car and driver of the said vehicle, namely, Pankaj Kumar and the petitioner who was felicitating the smooth carriage of said liquor on his motorcycle were apprehended.

It is submitted by learned counsel for the petitioner that no incriminating article has been recovered from

Patna High Court Cr.Misc. No.37238 of 2018(3) dt.03-07-2018 2/2 conscious physical possession of the petitioner. He has no concern either with the seized liquor or with the vehicle in question. He has been falsely implicated in this case by the police merely on suspicion while he was passing through the place of occurrence at the time of occurrence on his motorcycle. He has no criminal antecedent. He has been languishing in custody since 25.05.2018.

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 6thAddl. District & Sessions Judge, Saran at Chapra in connection with Chapra (Saran) Muffassil P.S. Case No. 211 of 2018 .

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