Suraj Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.47758 of 2018 Arising Out of PS.Case No. -107 Year- 2018 Thana -SAHIYARA District- SITAMARHI ====================================================== Suraj Kumar, Son of Rajkishor Mahto, resident of village - Matiyar Khurd, P.S.-Sahiyara, District - Sitamarhi.
.... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Sanjay Kumar For the Opposite Party/s : Mr. Parmanand Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 06-08-2018 Heard learned counsel for the petitioner and learned APP for the State.
Petitioner seeks bail in a case registered for the offence punishable under Sections 272, 273 and 414 of the Indian Penal Code and Section 30(a) of the Bihar Prohibition and Excise Act, 2016.
36 litres of Nepali saufi wine is said to have been recovered from the motorcycle 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 with the seized liquor. He has been falsely implicated in the case by the police merely on suspicion while he was passing through
Patna High Court Cr.Misc. No.47758 of 2018 (2) dt.06-08-2018 2/2 the place of occurrence at the time of occurrence and real culprit managed to escape dumping the aforesaid liquor there seeing the police personnel. He has no criminal antecedent. He has been languishing in custody since 24.06.2018.
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 A.D.J.-II cum Special Judge, Excise Act, Sitamarhi in connection with Sahiyara P.S. Case No. 107 of 2018.
(Prakash Chandra Jaiswal, J) Mishra/- U T