Monti Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.48559 of 2018 ======================================================

1. Monti Kumar S/o Mahesh Saw, R/o Mohalla- Rampur, Gaya College (near Sudha Dairy), P.O.- Rampur, P.S.- Rampur Gaya, District- Gaya. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Santosh Kumar For the Opposite Party/s : Mr. Ataur Rahman ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 08-08-2018 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 Excise Control and Prohibition Act, 2016.

18 liters of foreign liquor is said to have been recovered from the motorcycle being driven by the petitioner and 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 this case at the instance of his enemy by planting the aforesaid recovery from his

Patna High Court Cr.Misc. No.48559 of 2018 (02) dt.08-08-2018 - 2 - possession. He has no criminal antecedent and has been languishing in custody since 16.07.2018.

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, Gaya in connection with Delha P.S. Case No. 173 of 2018.

(Prakash Chandra Jaiswal, J) Trivedi/- U T