Patna High CourtCR. MISC./44911/2018bail granted

Md. Shaukat @ Shaukat v. The State Of Bihar

2018-07-25Mr. Justice Prakash Chandra Jaiswal2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.44911 of 2018 Arising Out of PS.Case No. -140 Year- 2018 Thana -KURSAKANTA District- ARRARIA ======================================================

1. Md. Shaukat @ Shaukat S/o Md. Alam , R/o Vill.- Girda Ward No. 6, P.S.- Jokihat , District- Araria.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Manish Kumar For the Opposite Party/s : Mr. Sri Sanjay Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 25-07-2018 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) of the Bihar Prohibition and Excise Act, 2016.

36.600 litres of Nepali liquor is said to have been recovered from the bag kept on the motorcycle and the petitioner and one other accused were 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 no concern with the seized liquor. He has been falsely implicated in the case by the police merely on suspicion while he was passing through

Patna High Court Cr.Misc. No.44911 of 2018 (2) dt.25-07-2018 2/2 the place of occurrence at the time of occurrence and real culprit managed to escape dumping the aforesaid liquor there seeing the police party. Seizure list does not bear the signature of the petitioner. He has no criminal antecedent. He has been languishing in custody since 25.06.2018.

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 Addl. Sessions Judge-II cum Special Judge, Araria in connection with Kursakata (Kuwari) P.S. Case No. 140 of 2018 (Special Case No. 737/2018).

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