Brajesh Kumar @ Kanha v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.50513 of 2018 Arising Out of PS.Case No. -512 Year- 2018 Thana -MUZAFFARPUR SADAR DistrictMUZAFFARPUR ====================================================== Brajesh Kumar @ Kanha, S/o. Vinod Paswan, R/o. Village- Patahi Brahm Ashthan, P.S.- Sadar, District- Muzaffarpur.
.... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Nitu Kumari For the Opposite Party/s : Mr. Shantanu Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 16-08-2018 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 Section 30(a) of the Bihar Prohibition and Excise Act, 2016.
83.160 litres of foreign liquor is said to have been recovered from the hut of the petitioner and petitioner was apprehended during the course of escaping from the aforesaid place.
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 hut in question. He has
Patna High Court Cr.Misc. No.50513 of 2018 (2) dt.16-08-2018 2/2 been falsely implicated in this 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 10.07.2018. 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, Muzaffarpur in connection with Sadar P.S. Case No. 512 of 2018.
(Prakash Chandra Jaiswal, J) Kr. Uday/- U T