Butta Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.52902 of 2018 Arising Out of PS.Case No. -287 Year- 2018 Thana -GAYA KOTWALI District- GAYA ====================================================== Butta Kumar, S/o.Parshuram Paswan, R/o. Mohalla- Chhotaki Nawada behind Kali Mandir, P.S.- Delha, District- Gaya. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sunil Kumar Yadav For the Opposite Party/s : Mr. Upendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 28-08-2018 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 414 of the Indian Penal Code and Section 30(a) of the Bihar Prohibition and Excise Act, 2016. 114 litres of country made liquor is said to have been recovered from the tempo and the accused sitting on the said tempo managed to escape and as per the account of villagers the petitioner was the fleeing accused.

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 vehicle in question. He has been falsely implicated in the case due to dirty village politics. He

Patna High Court Cr.Misc. No.52902 of 2018 (2) dt.28-08-2018 2/2 was not apprehended on the spot. The identity and genuineness of the sources of information has not been mentioned in the written report. He has no criminal antecedent. He has been languishing in custody since 14.06.2018.

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, Gaya in connection with Kotwali P.S. Case No. 287 of 2018.

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