Manoj Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.48338 of 2018 Arising Out of PS. Case No.-231 Year-2018 Thana- GOVERNMENT OFFICIAL COMP. District- Gaya ====================================================== Manoj Kumar, S/o Late Sudeshwar Singh @ Sudheswar Ram, resident of Village- Dighi Balapar, P.S. Konch, District- Gaya. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ashhar Mustafa For the Opposite Party/s :
Smt. Meena Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 10-08-2018 Heard learned counsel for the petitioner and learned APP for the State.
The petitioner seeks bail in connection with Excise (Sherghati) P.S. Case no. 231 of 2018 registered for the offence punishable under Section 30(a) and 56(d) of the Bihar Prohibition and Excise Act, 2016.
30 lts. of country made liquor is said to have been recovered from bag kept on the motorcycle of the petitioner and he was apprehended.
It is submitted by learned counsel for the petitioner that no incriminating article has been recovered from conscious physical possession of the petitioner. He has no concern with the seized liquor. He has been falsely implicated in this case by
Patna High Court Cr.Misc. No.48338 of 2018(3) dt.10-08-2018 2/2 the personnel of Excise Department merely on suspicion while he was passing through the place of occurrence at the time of occurrence and real culprits managed to escape dumping the aforesaid liquor there seeing them. He has no criminal antecedent. He has been languishing in custody since 05.07.2018.
In the facts and circumstances of the case, the above named petitioner is directed to be enlarged on bail on furnishing bail bonds 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 Excise (Sherghati) P.S. Case no. 231 of 2018.
(Prakash Chandra Jaiswal, J) rohit/- U T