Paramjit Kumar @ Paremjit Kumar @ Pramjit Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.49841 of 2018 ====================================================== Paramjit Kumar @ Paremjit Kumar @ Pramjit Kumar, son of Shyam Lal Ram @ Shyam Ram, resident of village Baingahi, Ward No.2, Police Station Bairgania, District Sitamarhi.
.... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Alok Kumar Alok For the Opposite Party/s : Mr. Arun Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 13-08-2018 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.
45 liters of Nepali Saufi wine 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 merely on suspicion by the personnel of the Excise Department while he was passing through the place of occurrence at the time of occurrence and the real culprit managed to escape dumping the
Patna High Court Cr.Misc. No.49841 of 2018 (02) dt.13-08-2018 - 2 - said wine there seeing the personnel of the Excise Department. There is violation of Section 100 Cr.P.C. 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 Additional Sessions Judge-II-cum-Special Judge Excise Act, Sitamarhi in connection with Case No.C2 372/2018.
(Prakash Chandra Jaiswal, J) Trivedi/- U T