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Patna High CourtCR. MISC./19306/2018bail granted

Manoj Kumar v. The State Of Bihar

2018-04-26Mr. Justice Prakash Chandra Jaiswal2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.19306 of 2018 Arising Out of PS.Case No. -164 Year- 2018 Thana -JAHANABAD District- JEHANABAD ======================================================

1. Manoj Kumar, Son of Madan Prasad @ Madan Kumar, Resident of Village- Rampur Chai, Police Station- Karpi, District- Arwal. .... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Sunil Srivastava, Advocate. For the Opposite Party/s : Mr. Sanjay Kumar Sharma, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 26-04-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in Jehanabad P.S. Case No. 164 of 2018 registered under Section 30 (a) of the Bihar Prohibition and Excise Act, 2016.

6.475 liters of foreign liquor is said to have been recovered from the rented room 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 been falsely implicated in this case. As a matter of fact, the petitioner was standing in front of the house at the time occurrence and the

Patna High Court Cr.Misc. No.19306 of 2018 (02) dt.26-04-2018 2/ 2 police falsely implicated in this case merely on refusal of the petitioner to put his signature on the seizure list. He has no concern with the seized liquor or the place of occurrence. He has no criminal antecedent and has been languishing in custody since 01.03.2018.

In the facts and circumstances of the case, 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 Additional Sessions Judge-II-cum-Special Judge Excise, Jehanabad in connection with Jehanabad P.S. Case No. 164 of 2018. (Prakash Chandra Jaiswal, J) Trivedi/- U T