Manish Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No. 35050 of 2018 ====================================================== Manish Kumar Son of Satyanand Chandrawansi, R/o- Nai Haweli Nadwan, P.S.- Dhanarua, District- Patna.
.... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Ghanshyam Tiwary For the Opposite Party/s : Mr. Mukeshwar Dayal ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 22-06-2018 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 273 of the Indian Penal Code and Section 30 (a) of the Bihar Prohibition and Excise Act, 2016. 96.10 liters of foreign liquor is said to have been recovered from the three bags kept on the road side on NH-83 and the petitioner was apprehended while escaping from the said place.
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 the place of recovery. He has been falsely implicated in this case by the police merely on suspicion
Patna High Court Cr.Misc. No.35050 of 2018 (2) dt.22-06-2018 - 2 - while he was standing at the place of recovery and the real culprit managed to escape dumping the said liquor on the aforesaid place seeing the police party. He has no criminal antecedent and has been languishing in custody since 27.4.2018.
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, Patna in connection with Special Case No. 3952/2018 arising out of Punpun P.S. Case No. 104 of 2018. (Prakash Chandra Jaiswal, J) Trivedi/- U T