Patna High CourtCR. MISC./51490/2018bail granted

Suraj Kumar v. The State Of Bihar

2018-08-27Mr. Justice Prakash Chandra Jaiswal2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.51490 of 2018 ====================================================== Suraj Kumar, Son of Tuntun Chaudhary, resident of Village Barama, P.S. Gaurichak, District- Patna.

... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Vibhuti Ranjan Sonvadra For the Opposite Party/s :

Mr. Parmanand Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 27-08-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in connection with Special Case no. 5621 of 2018 arising out of P.R. P.S. Case no. 53 of 2018 registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2016. 40 lts. of mix toddy kept on the motorcycle of the petitioner was seized and the petitioner was apprehended. It is submitted by learned counsel for the petitioner that no incriminating article has been recovered from conscious physical possession of the petitioner. He has no concern with the seized toddy. He has been falsely implicated in this case by the personnel of Excise Department merely on suspicion while he was passing through the place of occurrence at the time of

Patna High Court Cr.Misc. No.51490 of 2018(3) dt.27-08-2018 2/2 occurrence and real culprits managed to escape dumping the aforesaid toddy there seeing them. He has no criminal antecedent. He has been languishing in custody since 18.06.2018.

In the facts and circumstances of the case, the above named petitioner is directed to be enlarged on bail on furnishing bail bonds 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. 5621 of 2018 arising out of P.R. P.S. Case no. 53 of 2018 (Prakash Chandra Jaiswal, J) rohit/- U T