Patna High CourtCR. MISC./45341/2018bail granted

Amar Kumar v. The State Of Bihar

2018-07-26Mr. Justice Prakash Chandra Jaiswal2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.45341 of 2018 Arising Out of PS.Case No. -80 Year- 2018 Thana -KATORIA District- BANKA ====================================================== Amar Kumar, Son of Manoj Kumar Roy, resident of village - Ranuchak (Makanpur), P.S.-Nath Nagar, District - Bhagalpur .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Dr. Manoj Kumar For the Opposite Party/s : Mr. Ram Bachan Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 26-07-2018 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 Sections 30(a)(g) and 32(2) of the Bihar Prohibition and Excise Act, 2016.

119.25 litres of foreign liquor is said to have been recovered from Hundai Car and the petitioner was apprehended in the course of escaping alighting from the said car while another accused managed to escape.

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 by the police merely on

Patna High Court Cr.Misc. No.45341 of 2018 (2) dt.26-07-2018 2/2 suspicion while he had gone to attend call of nature at the place of occurrence and real culprit managed to escape leaving the liquor laden vehicle there seeing the police party. There is violation of Section 100 Cr.P.C. He has no criminal antecedent. He has been languishing in custody since 18.05.2018.

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, Banka in connection with Katoria P.S. Case No. 80 of 2018.

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