Birendra Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.42164 of 2018 ====================================================== Birendra Singh, son of Ramchandra Singh, resident of village - Lakho, P.S. - Muffasil, District - Begusarai.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Yogesh Kumar For the Opposite Party/s : Mr. Ramesh Chandra ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 13-07-2018 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.

35.940 liters foreign liquor is said to have been recovered from the bush located behind the house of the petitioner and petitioner was 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 either with the seized liquor or the place of recovery. 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. He has no

Patna High Court Cr.Misc. No.42164 of 2018 (02) dt.13-07-2018 - 2 - criminal antecedent and has been languishing in custody since 14.06.2018.

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-2nd -cum-Special Judge Excise, Begusarai in connection with Complaint Case No. 182C2 of 2018. (Prakash Chandra Jaiswal, J) Trivedi/- U T