Patna High CourtCR. MISC./44838/2018bail granted

Kamal Bind @ Komal Bind @ Kamal Chaudhary v. The State Of Bihar

2018-07-24Mr. Justice Prakash Chandra Jaiswal2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.44838 of 2018 Arising Out of PS. Case No.-206 Year-2018 Thana- BARHARA District- Bhojpur ====================================================== Kamal Bind @ Komal Bind @ Kamal Chaudhary S/o Ramashankar Bind @ Ramashankar Ram, R/o Vill.- Sohra, P.S.- Krishnagarh, District- Bhojpur. ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Manoj Kumar Singh For the Opposite Party/s :

Mr. Rajeev Nayan ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 24-07-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in connection with Barhara (Krishnagarh) P.S. Case no. 206 of 2018 registered under Section 30(a), 38 of Bihar Excise and Prohibition Act-2016. 55.440 lts. of foreign liquor is said to have been recovered from the house of the petitioner and he was apprehended.

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 the seized liquor. He has been falsely implicated in this case at the instance of his enemy. The house of the petitioner is

Patna High Court Cr.Misc. No.44838 of 2018(2) dt.24-07-2018 2/2 inhabited by his other family members and he had no knowledge of keeping of liquor in the said house. There is no compliance of Section 100 Cr.P.C. Petitioner has no criminal antecedent. He has been languishing in custody since 23.05.2018.

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 Special Judge, Excise, Bhojpur, Ara in connection with Barhara (Krishnagarh) P.S. Case no. 206 of 2018.

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