Lav Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.44941 of 2018 Arising Out of PS.Case No. -193 Year- 2018 Thana -MANER District- PATNA ======================================================

1. Lav Kumar S/o Sri Vashist Ray, R/o Vill.- Suwarmarwa (East ), P.S.- Maner, District- Patna.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Suresh Singh For the Opposite Party/s : Mr. Sri Ramesh Chandra ====================================================== 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 Sections 30(a) and 37(b) of the Bihar Prohibition and Excise Act, 2016.

25 litres of country made liquor is said to have been recovered from the bush located on the bank of the Sone river, said to have been kept by the petitioner and the petitioner was 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 either with the seized liquor or with the place of recovery. Place of

Patna High Court Cr.Misc. No.44941 of 2018 (2) dt.25-07-2018 2/2 recovery is open place and is easily accessible to anyone. He has been falsely implicated in the case by the police merely on suspicion while he was passing through the place of occurrence at the time of occurrence. He has no criminal antecedent. He has been languishing in custody since 02.05.2018. 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. 4145 of 2018 arising out of Maner P.S. Case No. 193 of 2018. (Prakash Chandra Jaiswal, J) Mishra/- U T