Patna High CourtCR. MISC./46148/2018bail granted

Deepak Kumar v. The State Of Bihar

2018-07-31Mr. Justice Prakash Chandra Jaiswal2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.46148 of 2018 Arising Out of PS. Case No.-402 Year-2018 Thana- BARACHATTI District- Gaya ====================================================== Deepak Kumar S/o Mahendra Prasad, R/o Vill.- Kosama, P.S.- Barkatha, District- Hazaribag State Jharkhand.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Anil Kumar Saxena For the Opposite Party/s :

Mr. Shyameshwar Dayal ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 31-07-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in connection with Barachati (Mohanpur) P.S. Case no. 402 of 2018 registered under Section 30(a) of Bihar Prohibition and Excise Act-2016. 96 lts. of country made liquor is said to have been recovered from Maruti Indigo car and petitioner and two other persons sitting in the said car were apprehended. It is submitted by learned counsel for the petitioner that no incriminating article has been recovered from conscious physical possession of the petitioner. He has no concern either with the seized liquor or with the vehicle in question. He happens to be simple commuter of the said car and was

Patna High Court Cr.Misc. No.46148 of 2018(2) dt.31-07-2018 2/2 travelling in it without any knowledge of keeping of liquor in it. He has been falsely implicated in this case at the instance of his enemy. He has no criminal antecedent. He has been languishing in custody since 17.06.2018.

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 Special Judge, Excise, Gaya in connection with Barachati (Mohanpur) P.S. Case no. 402 of 2018.

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