Varun Mishra v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.53333 of 2018 Arising Out of PS.Case No. -167 Year- 2018 Thana -BUXAR District- BUXAR ====================================================== Varun Mishra, Son of Shyam Sunder Mishra, resident of Mohalla - Shivpuri, Ward No. 16, Budhanpurwa, Police Station - Buxar (T), District - Buxar.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Rajeev Ranjan For the Opposite Party/s : Mr. Ashok Kumar Singh 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 29-08-2018 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner seeks bail in a case registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

76.5 litres of foreign liquor is said to have been recovered from the open land located near the house of the petitioner which is said to have been kept there by the petitioner and the petitioner managed to escape.

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 either with the seized liquor or place of recovery or any trade of

Patna High Court Cr.Misc. No.53333 of 2018 (2) dt.29-08-2018 2/2 liquor. Place of recovery is open place and is easily accessible to anyone. He had no knowledge of keeping of the liquor there by someone. He has been falsely implicated in the case at the instance of his enemies. He was not apprehended on the spot. He has been languishing in custody since 14.07.2018.

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 Addl. Sessions Judge-II cum Special Judge, Excise, Buxar in connection with Buxar (T) P.S. Case No. 167 of 2018.

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