Manoj Kumar Gupta v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.49479 of 2018 Arising Out of PS.Case No. -52 Year- 2018 Thana -NARKATIAGANJ (R.T) DistrictMUZAFFARPUR ====================================================== Manoj Kumar Gupta, S/o. Ram Narayan Prasad, R/o. Village- Pakadiya, P.O.- Paharpur, district- East Champaran.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Bijay Prakash Singh For the Opposite Party/s : Mr. Kalyan Shankar ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 02 10-08-2018 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.

17.280 liters of foreign liquor is said to have been recovered from the possession of the petitioner at the platform of the Harinagar Railway Station during the course of alighting from the train.

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 by the personnel of the GRP due to some alteration between

Patna High Court Cr.Misc. No.49479 of 2018 (02) dt.10-08-2018 - 2 - them on his refusal to cough up the demand of graft made by them. He has no criminal antecedent and has been languishing in custody since 07.07.2018.

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 In-charge Special Judge Excise Act, West Champaran, Bettiah in connection with Rail Narkatiyaganj P.S. Case No.52 of 2018. (Prakash Chandra Jaiswal, J) Trivedi/- U T