Kamdeo Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.51971 of 2018 Arising Out of PS.Case No. -75 Year- 2017 Thana -PHULWARIA District- BEGUSARAI ====================================================== Kamdeo Singh, S/o. Late Bhaso Singh, R/o. Village- Baro Kadirchak, P.S.- Phyulwariya, District- Begusarai.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Shree Niwas Singh For the Opposite Party/s : Smt Pushpa Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 24-08-2018 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 Sections 272, 273 and 290 of the Indian Penal Code and Sections 30, 35 and 38 of the Bihar Prohibition and Excise Act, 2016.

35.640 litres of foreign liquor is said to have been recovered from the house 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 the case at the instance of his enemy. The house of the petitioner is inhabited by his several family members and he had no knowledge

Patna High Court Cr.Misc. No.51971 of 2018 (2) dt.24-08-2018 2/2 of keeping of the said liquor in the house. He was not apprehended on the spot. He has no criminal antecedent. He has been languishing in custody since 26.06.2018.

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 Additional Sessions Judge- II cum Special Judge, Begusarai in connection with Phulwariya P.S. Case No. 75 of 2017. (Prakash Chandra Jaiswal, J) Kr. Uday/- U T