Gautam Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.38764 of 2018 Arising Out of PS.Case No. -28 Year- 2018 Thana -FATUHA District- PATNA ====================================================== Gautam Kumar aged about 21 years, S/O Nagina Das R/O- VillageMaksudpur, P.S.- Fatuha, District- Patna. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Pratyush Kumar For the Opposite Party/s : Mr. Matloob Rab ====================================================== 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 a case registered for the offence punishable under Section 30 (a) of the Bihar Prohibition and Excise Act, 2016.

34.200 liters of country made liquor is said to have been recovered from the mustard field of Malluji and petitioner managed to escape from the aforesaid place.

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 either with the seized liquor or the place of recovery. The place of recovery is an open place and easily accessible to anyone. He has been falsely implicated in this case at the instance of his enemy.

Patna High Court Cr.Misc. No.38764 of 2018 (02) dt.03-07-2018 - 2 - He has no criminal antecedent and has been languishing in custody since 29.04.2018.

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 Special Judge (Excise), Patna in connection with Fatuha P.S. Case No. 28 of 2018, Special Case No.- 455 of 2018.

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