Pinku Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.49247 of 2018 Arising Out of PS.Case No. -394 Year- 2018 Thana -BARACHATTI District- GAYA ====================================================== Pinku Kumar S/o Girja Prasad, R/o Mohalla- Goal Bagicha, P.S.- Kotwali, District- Gaya.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sudhir Kumar Sinha For the Opposite Party/s : Mr. Tarun Prasad Mandal ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 10-08-2018 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner seeks bail in a case registered for the offence punishable under Sections 30(a), 38 and 47 of the Bihar Prohibition and Excise Act, 2016.

11.160 litres of foreign liquor is said to have been recovered from the motorcycle 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 the case at the instance of his enemies by planting aforesaid recovery from his possession. He has no criminal antecedent. He has been

Patna High Court Cr.Misc. No.49247 of 2018 (2) dt.10-08-2018 2/2 languishing in custody since 15.06.2018.

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 Special Judge, Excise Act, Gaya in connection with Barachatti (Mohanpur) P.S. Case No. 394 of 2018.

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