Chandan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.34687 of 2018 Arising Out of PS.Case No. -58 Year- 2018 Thana -BIRPUR District- SUPAUL ======================================================

1. Chandan Kumar, Son of Raghuvir Chaurashya, Resident of VillageSripur Ward No.1, Police Station- Bhantabari, District- Sunsari (Nepal). .... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Arun For the Opposite Party/s : Mr. Abhay Kumar - 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 21-06-2018 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), 38 (i) (ii) and 41 (i) (ii) of the Bihar Prohibition and Excise Act, 2016.

25.5 liters of Nepali liquor is said to have been recovered from the possession of the petitioner.

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 this case by the police merely on suspicion while he was passing through the place of occurrence at the time of occurrence while the real culprit

Patna High Court Cr.Misc. No.34687 of 2018 (02) dt.21-06-2018 - 2 - managed to escape. He has no criminal antecedent and has been languishing in custody since 10.03.2018.

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 District and Sessions Judge-II-cum-Special Judge Excise, Supaul in connection with S.T. (Excise) No.221/18, arising out of Birpur P.S. Case No.58 of 2018.

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