Vikas Kumar Maurya v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.53550 of 2018 Arising Out of PS.Case No. -641 Year- 2018 Thana -GOVERNMENT OFFICIAL COMP. DistrictBHABHUA (KAIMUR) ====================================================== Vikas Kumar Maurya S/o Kamaleshwar Singh, R/o Vill.- Bichhiyan, P.S.- Durgawati, District- Kaimur at Bhabua.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Rajesh Kumar Pathak For the Opposite Party/s : Mr. Shyam Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 30-08-2018 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.

12 litres of foreign liquor is said to have been recovered from the motorcycle and the petitioner and one other accused namely Deepak Kumar Singh riding on the said motorcycle were 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

Patna High Court Cr.Misc. No.53550 of 2018 (2) dt.30-08-2018 2/2 with the seized liquor. He has been falsely implicated in the case at the instance of his enemies by planting aforesaid recovery from his possession. There is violation of Section 100 Cr.P.C. He has no criminal antecedent. He has been languishing in custody since 13.07.2018. Similarly situated co-accused, namely, Deepak Kumar Singh has been enlarged on bail by this court vide order dated 16.08.2018 passed in Cr. Misc. No. 50357.

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 Special Judge, Excise, Kaimur at Bhabua in connection with Excise P.R. No. 30 of 2018-19 corresponding to Excise Case No. 641 of 2018. (Prakash Chandra Jaiswal, J) Kr. Uday/- U T