Krishna Mohan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.70604 of 2019 Arising Out of PS. Case No.-199 Year-2019 Thana- GOVERNMENT OFFICIAL COMP. District- Patna ====================================================== KRISHNA MOHAN KUMAR Son of Late Ramfal Rai Resident of Village - Jandaha, P.S.- Maniyarpur, Distt - Vaishali.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ravindra Kumar For the Opposite Party/s :

Mr.Veena Kumari Jaiswal ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 04-12-2019 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner seeks bail in a case registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

17.820 litres of country made liquor is said to have been recovered from the possession of the petitioner. 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 the case at the instance of his enemy by planting aforesaid recovery from his possession. There is violation of Section 100

Patna High Court CR. MISC. No.70604 of 2019(2) dt.04-12-2019 2/2 Cr.P.C. He has no criminal antecedent and has been languishing in custody since 28.08.2019.

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 Addl. District Judge cum Special Judge, Excise, Patna in connection with Special Excise Case No. 7737 of 2019, Prosecution Report Case No. 199 of 2019.

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