Sonu Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.48517 of 2018 Arising Out of PS.Case No. -17 Year- 2018 Thana -TILAUTHU District- SASARAM (ROHTAS) ======================================================
1. Sonu Kumar S/o Daya Paswan @ Daya Shankar Ram @ Daya Shankar Paswan, R/o Vill.- Chitauli, P.S.- Tilauthu, Distt.- Rohtas .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Sushil Kumar For the Opposite Party/s : Mr. Matloob Rab ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 08-08-2018 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.
32 liters of country made liquor is said to have been recovered from the bag kept on the motorcycle 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 with the seized liquor. He has been falsely implicated in this case by the police merely on suspicion while he was passing through the place
Patna High Court Cr.Misc. No.48517 of 2018 (02) dt.08-08-2018 - 2 - of occurrence at the time of occurrence while the real culprit managed to escape dumping the aforesaid bag containing liquor there seeing the police personnel. There is violation of Section 100 Cr.P.C. Though one more case under the Excise Act has been lodged against the petitioner but he is on bail in the said case. He has been languishing in custody since 15.06.2018. 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 District Judge-II-cum-Special Judge, Rohtas, Sasaram in connection with Tilaithu P.S. Case No. 17 of 2018. (Prakash Chandra Jaiswal, J) Trivedi/- U T