Kindeo Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.48629 of 2018 Arising Out of PS.Case No. -215 Year- 2018 Thana -HARSIDHI District- EASTCHAMPARAN (MOTIHARI) ====================================================== Kindeo Prasad Son of late Jaglal Sah Resident of Village- Dhankharaiya, Police Station- Harsidhi, District- East Champaran. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Virendra Kuar For the Opposite Party/s : Mr. Nagendra Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 09-08-2018 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.

750 ML of foreign liquor is said to have been recovered from the dickey of the motorcycle and petitioner and one other accused, namely, Triloki Singh were 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 with the motorcycle in question.

Patna High Court Cr.Misc. No.48629 of 2018 (2) dt.09-08-2018 2/2 He has been falsely implicated in the case by the police at the instance of his enemy due to political rivalry while the real culprit managed to escape dumping the aforesaid liquor laden bike there seeing the police personnel. He 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 Additionl Sessions Judge-VII cum Special Judge, Excise Act, East Champaran Motihari in connection with Harsidhi P.S. Case No. 215 of 2018. (Prakash Chandra Jaiswal, J) Kr. Uday/- U T