Binod Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.48907 of 2018 Arising Out of PS. Case No.-118 Year-2018 Thana- GOVINDPUR District- Nawada ====================================================== Binod Kumar S/o Sahdey Yadav @ Sahdey Yadav, R/o Vill.- Kamalpur, P.S.- Govindpur, District- Nawada.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sheo Kumar Prasad For the Opposite Party/s :

Mr. Iftekhar Mahmood ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 10-08-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in connection with Govindpur P.S. Case No. 118 of 2018 registered for the offence punishable under Sections 30 (a) of the Excise Act, 2016. 60 lts. of country made liquor is said to have been recovered from motorcycle and petitioner was apprehended in the course of escaping dumping the aforesaid liquor laden motorcycle.

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 either with the seized liquor or with the motorcycle in question. He

Patna High Court Cr.Misc. No.48907 of 2018(2) dt.10-08-2018 2/2 has 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 and real culprits managed to escape dumping the aforesaid liquor laden motorcycle there seeing the police party. There is no compliance of Section 100 Cr.P.C. He has no criminal antecedent. He has been languishing in custody since 13.06.2018.

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 Additional District and Sessions Judge-II-cum Special Judge, Nawada in connection with Govidnpur P.S. Case No. 118 of 2018.

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