Bittu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.50684 of 2018 Arising Out of PS.Case No. -86 Year- 2018 Thana -SHEOHAR District- SHEOHAR ====================================================== Bittu Kumar Son of Shri Niwash Singh Resident of Village- Fatahpur, P.S. Sheohar, District- Sheohar.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Devendra Kumar For the Opposite Party/s : Smt. Veena Kumari Jaiswal ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 18-08-2018 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 272 and 273 of the Indian Penal Code and Section 36(A) and 37(A) of the Bihar Prohibition and Excise Act, 2016.

Petitioner was apprehended in inebriated condition creating nuisance in public 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 happens to be teetotaler and had never consumed liquor. He has been falsely implicated in the case at the instance of his enemy. Though two

Patna High Court Cr.Misc. No.50684 of 2018 (2) dt.18-08-2018 2/2 more criminal cases under the Excise Act have been lodged against the petitioner, but he has been enlarged on bail by the lower court in the aforesaid cases. He has been languishing in custody since 11.05.2018.

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 A.D.J. Ist cum Special Judge, Sheohar in connection with Sheohar P.S. Case No. 86 of 2018.

(Prakash Chandra Jaiswal, J) Kr. Uday/- U T