Piyush Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.25344 of 2018 Arising Out of PS.Case No. -28 Year- 2018 Thana -MUZFFARPUR GRP CASE DistrictMUZAFFARPUR ====================================================== Piyush Kumar S/o Bindeshwari Prasad Singh, R/o Vill.- Tetariya, P.S.- Sajaur, District- Bhagalpur.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Mukesh Kumar Jha For the Opposite Party/s : Mr. Sri Madhuranand Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 02-05-2018 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.

30 litres of foreign liquor is said to have been recovered from the trolley bag of the petitioner kept beneath his berth in the railway coach.

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 bag from which aforesaid

Patna High Court Cr.Misc. No.25344 of 2018 (2) dt.02-05-2018 2/2 liquor is said to have been recovered. He had no knowledge of keeping of the aforesaid liquor beneath his berth in the coach. He has no criminal antecedent. He has been languishing in custody since 21.02.2018.

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, Muzaffarpur in connection with Muzaffarpur Rail P.S. Case No. 28 of 2018.

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