Shiva Kumar @ Shiv Chaudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.34619 of 2018 Arising Out of PS.Case No. -113 Year- 2018 Thana -PATNA GRP CASE District- PATNA ====================================================== Shiva Kumar @ Shiv Chaudhary, Son of Ajay Chaudhary, Resident of Village- Nandgola (Devi Asthan), Police Station- Malsalami, District & Town- Patna.

.... .... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s : Mr. Hari Mohan Tripathi For the Opposite Party/s : Mr. Sri Shyam Bihari Singh ====================================================== 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 273 of the Indian Penal Code and Section 30(a) of the Bihar Prohibition and Excise Act, 2016. 20.970 litres of foreign liquor is said to have been recovered from the possession of the petitioner and the petitioner was apprehended at platform no.3 of Patna Junction. 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

Patna High Court Cr.Misc. No.34619 of 2018 (2) dt.21-06-2018 2/2 by the personnel of GRP as he failed to cough up the demand of illegal graft made by them. He has no criminal antecedent. He has been languishing in custody since 13.04.2018. 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 Special Judge, Excise, Patna in connection with Special Case No. 3540 of 2018 arising out of Rail P.S. Patna Junction Case No. 113 of 2018. (Prakash Chandra Jaiswal, J) Mishra/- U T