Patna High CourtCR. MISC./54210/2018bail granted

Situ Kumar @ Sintu Kumar v. The State Of Bihar

2018-08-31Mr. Justice Prakash Chandra Jaiswal2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.54210 of 2018 Arising Out of PS.Case No. -559 Year- 2018 Thana -MADHEPURA District- MADHEPURA ======================================================

1. Situ Kumar @ Sintu Kumar S/o Ramesh Yadav, R/o Vill.- Inarwa Ghailadh, ward No. 7, P.S.- Ghailadh, District- Madhepura. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Amarnath Jha For the Opposite Party/s : Mr. Dr. Ajeet Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 31-08-2018 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.

17.50 liters of country made liquor is said to have been recovered from the cattle shed located on the door of 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. The place of recovery is an open place and

Patna High Court Cr.Misc. No.54210 of 2018 (02) dt.31-08-2018 - 2 - easily accessible to anyone. He has no criminal antecedent and has been languishing in custody since 23.07.2018. 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, Madhepura in connection with Madhepura (Ghailadh) P.S. Case No. 559 of 2018, Excise Case No. 494 of 2018.

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