Patna High CourtCR. MISC./47418/2018bail granted

Vikash Kumar @ Ashish Sharma v. The State Of Bihar

2018-08-03Mr. Justice Prakash Chandra Jaiswal2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.47418 of 2018 Arising Out of PS.Case No. -371 Year- 2018 Thana -ARA NAWADA District- BHOJPUR ======================================================

1. Vikash Kumar @ Ashish Sharma, Son of Asapujan Sharma, Resident of Mohalla- Karman Tola, P.S.- Ara Nawada, District- Bhojpur. .... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Bhavesh Kumar For the Opposite Party/s : Mr. Ram Sumiran Roy ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 03-08-2018 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.

27.75 liters of foreign liquor is said to have been recovered from the possession of the petitioner.

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 at the instance of his enemy by planting the aforesaid recovery from his possession. There is violation of Section 100 Cr.P.C. Though one

Patna High Court Cr.Misc. No.47418 of 2018 (2) dt.03-08-2018 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 03.06.2018.

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 Act, Bhojpur Ara in connection with Ara Nawada P.S. Case No. 371 of 2018.

(Prakash Chandra Jaiswal, J) Kr. Uday/- U T