Kush Kumar @ Chhotu v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.25897 of 2018 Arising Out of PS.Case No. -43 Year- 2018 Thana -PASRAHA District- KHAGARIA ====================================================== Kush Kumar @ Chhotu Son of Yashodhar Yadav Resident of VillagePoura, P.S. Gogari (Poura), District- Khagaria. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Nafisuzzoha For the Opposite Party/s : Mr. Nityanand Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 23-05-2018 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.

5.625 litres of foreign liquor is said to have been recovered from the TVS motorcycle of the petitioner and the 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 the case at the instance of his enemies. Seizure list does not bear his

Patna High Court Cr.Misc. No.25897 of 2018 (3) dt.23-05-2018 2/2 signature. He has no criminal antecedent. He has been languishing in custody since 06.04.2018.

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 A.D.J.-III cum Special Judge, Excise Act, Khagaria in connection with Pasraha P.S. Case No. 43 of 2018.

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