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

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.48192 of 2018 Arising Out of PS.Case No. -177 Year- 2018 Thana -TAJPUR District- SAMASTIPUR ======================================================

1. Amarjeet Kumar Poddar @ Amarjit Poddar @ Pappu Poddar Son of Prameshar Pouddar, Resident of Village-Bherokhara, P.S.-Tajpur, DistrictSamastipur. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Dilip Kumar Roy For the Opposite Party/s : Mr. Arun Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 07-08-2018 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 Section 30 (a) of the Bihar Prohibition and Excise Act, 2016. 22.500 liters of foreign liquor is said to have been recovered from the side of the wall of the petitioner and coaccused Rajan Kumar was apprehended while other accused including the petitioner managed to escape.

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

Patna High Court Cr.Misc. No.48192 of 2018 (02) dt.07-08-2018 - 2 - with the seized liquor or the place of recovery. The place of recovery is an open place and easily accessible to anyone. He has been falsely implicated in this case by the apprehended accused Rajan Kumar due to animosity. Barring the aforesaid disclosure of Rajan Kumar, there is nothing on record indicating the complicity of the petitioner in the occurrence. He was not apprehended on the spot. He has no criminal antecedent and has been languishing in custody since 09.06.2018.

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.177 of 2018. (Prakash Chandra Jaiswal, J) Trivedi/- U T