Patna High CourtCR. MISC./43553/2018bail granted

Kundan Kumar v. The State Of Bihar

2018-07-19Mr. Justice Prakash Chandra Jaiswal2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.43553 of 2018 Arising Out of PS.Case No. -187 Year- 2017 Thana -SARAIYA District- MUZAFFARPUR ======================================================

1. Kundan Kumar, S/o Late Madan Prasad Singh, Resident of VillageShiuri Gopinathpur, P.S.- Saraiya, District- Muzaffarpur. .... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Rakesh Ranjan For the Opposite Party/s : Mr. Mritunjay Kumar Nirala ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 19-07-2018 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 Sections 272 and 273 of the Indian Penal Code and Section 30(a), 38 & 41 of the Bihar Prohibition and Excise Act, 2016.

279 liters of foreign liquor is said to have been recovered from the banana orchard located behind the house of the petitioner allegedly kept there by the petitioner. 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 with the place of recovery or any

Patna High Court Cr.Misc. No.43553 of 2018 (2) dt.19-07-2018 trade of liquor. The place of recovery is an open place and easily accessible to anyone. He was not apprehended on the spot. He has been falsely implicated in the case at the instance of his enemy. He has no criminal antecedent and has been languishing in custody since 06.06.2018.

Considering the facts aforesaid, 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 Act, Muzaffarpur in connection with Saraiya P.S. Case No. 187 of 2017.

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