Alok Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.49628 of 2018 Arising Out of PS.Case No. -222 Year- 2018 Thana -MITHANPURA District- MUZAFFARPUR ====================================================== Alok Kumar S/o Munna Prasad Gupta, R/o Vill.- Gausala Chowk, P.S.- Mithanpura, 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. Akbar Ali ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 13-08-2018 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 290/34 of the Indian Penal Code and Section 30 (a) of the Bihar Prohibition and Excise Act, 2016. 12.390 liters 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 this case at the instance of his enemy by planting the aforesaid recovery from his

Patna High Court Cr.Misc. No.49628 of 2018 (2) dt.13-08-2018 2/2 possession. He has no criminal antecedent and has been languishing in custody since 27.06.2018.

In the facts and circumstances of the case, 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 Mithanpura P.S. Case No. 222 of 2018.

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