Ram Kumar Jha v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.47309 of 2018 Arising Out of PS.Case No. -407 Year- 2018 Thana -SAMASTIPUR MUFFASIL DistrictSAMASTIPUR ======================================================
1. Ram Kumar Jha S/o- Late Harkh Jha, resident of Village- Mohanpur Nakku Asthan, P.S. Samastipur (M), District- Samastipur. .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Mukesh Kumar No-1 For the Opposite Party/s : Smt. Reena Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 03-08-2018 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, 36, 38, 41 and 47 of the Bihar Prohibition and Excise Act, 2016.
17.640 liters of foreign liquor is said to have been recovered from the grocery shop of 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 with the seized liquor. He has been falsely implicated in this case by the
Patna High Court Cr.Misc. No.47309 of 2018 (2) dt.03-08-2018 police because he had refused to oblige the personnel of police to accord them articles from his shop free of cost. He has no criminal antecedent and has been languishing in custody since 07.07.2018. 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 6th Additional Sessions Judge-cum-Special Judge Excise Act, Samastipur in connection with Muffasil P.S. Case No. 407 of 2018. (Prakash Chandra Jaiswal, J) Kr. Uday/- U T