Sudama Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.21431 of 2018 Arising Out of PS. Case No.-433 Year-2017 Thana- DEEPNAGAR District- Nalanda ====================================================== Sudama Kumar son of Late Prakash Mahto Resident of Village - Navinagar, P.S. - Deepnagar, District - Nalanda.

... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Anil Chandra For the Opposite Party/s :

Mr. Upendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 16-04-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in connection with Deepnangar P.S. Case no. 433 of 2017 registered under Section 30(a) of Bihar Prohibition & Excise Act-2016. 41.950 lts. of foreign liquor is said to have been recovered from the joint house of the petitioner and Shankar Kumar and accused persons including the petitioner managed to escape.

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 with with the seized liquor. He was not apprehended on the spot.

Patna High Court Cr.Misc. No.21431 of 2018(2) dt.16-04-2018 2/2 He has been falsely implicated in the case at the instance of his enemy. The house from where the aforesaid liquor is said to have been recovered, is joint house of the petitioner and inhabited by several other family members of the petitioner. He has been languishing in custody since 27.02.2018. 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 6th Additional District and Sessions Judge-cum-Special Judge, Excise, Nalanda at Biharsharif in connection with Deepnangar P.S. Case no. 433 of 2017.

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