Kundan Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.24820 of 2018 Arising Out of PS. Case No.-54 Year-2018 Thana- MADANPURA District- Aurangabad ====================================================== Kundan Kumar S/o Late Krishna Saw, R/o Vill.- Manika , P.S.- Madanpur, District- Aurangabad.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Leelawati Kumari For the Opposite Party/s :
Mr. Brajendra Nath Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 01-05-2018 Heard learned counsel for the petitioner and learned APP for the State.
The petitioner seeks bail in connection with Madanpur P.S. Case no. 54 of 2018 registered under Section 30(a) of Bihar Prohibition & Excise Act-2016. 84 lts. of country made liquor is said to have been recovered from the open land located towards south of the poultry farm of the petitioner on the basis of disclosure made by co-accused Bipin Bhuiyan.
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 the place of recovery. The place
Patna High Court Cr.Misc. No.24820 of 2018(2) dt.01-05-2018 2/2 of recovery is open land. He has been falsely implicated in the case by the Bipin Bhuiyan due to animosity. He has no criminal antecedent. He has been languishing in custody since 03.03.2018.
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 Additional Sessions Judge-VII-cum-Special Judge, Excise, Aurangabad in connection with Madanpur P.S. Case no. 54 of 2018.
(Prakash Chandra Jaiswal, J) rohit/- U T