Amarjeet Kumar Poddar @ Amarjit Poddar @ Pappu Poddar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.47217 of 2018 Arising Out of PS.Case No. -135 Year- 2018 Thana -TAJPUR District- SAMASTIPUR ====================================================== Amarjeet Kumar Poddar @ Amarjit Poddar @ Pappu Poddar, S/o. late Prameshwar Pouddar, R/o. Village- Bherokhara, P.S.- Tajpur, DistrictSamastipur. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Dilip Kumar Roy For the Opposite Party/s : Mr. Sri Arun Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 02-08-2018 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 Sections 272 & 273 of the Indian Penal Code and Sections 30 (a) and 38(i) (ii) of the Bihar Prohibition and Excise Act, 2016.

21.75 liters of foreign liquor is said to have been recovered from the land of the petitioner and the 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 or any trade of

Patna High Court Cr.Misc. No.47217 of 2018 (2) dt.02-08-2018 2/2 liquor. He has been falsely implicated in this case at the instance of his enemy while he arrived at his house from Bombay for construction of his house. Seizure list does not bear the signature of the petitioner. There is violation of Section 100 Cr.P.C. He 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 VI -cum-Special Judge Excise Act, Samastipur in connection with Tajpur P.S. Case No. 135 of 2018. (Prakash Chandra Jaiswal, J) Kr. Uday/- U T