Shailesh Kumar Pandey @ Shailesh Pandey v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.42818 of 2018 ====================================================== Shailesh Kumar Pandey @ Shailesh Pandey, S/o. Late jagnnath Pandey, Resident of Shastri Nagar Giridih, Police Station- Giridih, District- Giridih (Jharkhand).

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sudhanshu Shekhar For the Opposite Party/s : Mr. Shantanu Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 17-07-2018 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 30(a) of the Bihar Prohibition and Excise Act, 2016.

30 litres 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 the case at the instance of his enemies by planting aforesaid recovery from his possession. There is violation of Section 100 Cr.P.C. He has no

Patna High Court Cr.Misc. No.42818 of 2018 (2) dt.17-07-2018 2/2 criminal antecedent. He has been languishing in custody since 06.06.2018.

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 Addl. Sessions Judge-II, Nawada in connection with Govindpur P.S. Case No. 116 of 2018.

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