Saurav Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.52776 of 2018 Arising Out of PS. Case No.-253 Year-2018 Thana- JAHANABAD District- Jehanabad ====================================================== Saurav Kumar S/o Bindeshwar Singh @ Upadhya Yadav, R/o Vill.- Gauchhia, P.S.- Paras Bigha, Distt.- Jehanabad.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Kulanand Jha For the Opposite Party/s :

Md. Anzarul Haque Sahara ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 27-08-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in connection with Jehanabad P.S. Case no. 253 of 2018 registered for the offence punishable under Sections 30(a), 37(b) of the Bihar Prohibition and Excise Act, 2016 and Sections 25(1-b)(a) 26/35 of the Arms Act.

On the disclosure of Om Prakash Kumar @ Barhu Yadav, 15 lts. of foreign liquor is said to have been recovered from the house of Bineshwar Singh @ Upadhayay Yadav and petitioner, who happens to be son of said Bineshwar Singh @ Upadhayay Yadav and two other accused persons, who are said to be his relative were apprehended from the said house.

Patna High Court Cr.Misc. No.52776 of 2018(2) dt.27-08-2018 2/2 It is submitted by learned counsel for the petitioner that no incriminating article has been recovered from conscious physical possession of the petitioner. He has no concern either with the seized liquor or with any trade of liquor. He has been falsely implicated in this case at the instance of his enemy. The house of the petitioner is inhabited by his several other family members and he had no knowledge of keeping of liquor in the house. There is no compliance of Section 100 Cr.P.C. He has no criminal antecedent. He has been languishing in custody since 05.04.2018.

In the facts and circumstances of the case, the above named petitioner is directed to be enlarged on bail on furnishing bail bonds of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Addl. District Judge-II, Jehanabad in connection with Jehanabad P.S. Case no. 253 of 2018.

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