Kishore Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.16256 of 2018 Arising Out of PS.Case No. -955 Year- 2017 Thana -MUZAFFARPUR TOWN DistrictMUZAFFARPUR ======================================================
1. Kishore Kumar S/o Late Manju Patel Resident of Mohalla - Pankha Toli, P.S. - Kazi Mohammadpur, District - Muzaffarpur. .... .... Petitioner/s
Versus
1. The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Nitu Kumari For the Opposite Party/s : Mr. Madhuranand Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 18-06-2018 Heard learned counsel for the petitioner and learned APP for the State.
Petitioner seeks bail in a case registered for the offence punishable under Sections 272, 273 and 290 of the Indian Penal Code, Section 30(a), 38 (2), 41 & 37 (C) of the Bihar Prohibition and Excise Act, 2016 and Section 20 (b) of the N.D.P.S. Act.
5.50 liters of foreign liquor and 1 Kg. of Ganja is said to have been recovered from the possession 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
Patna High Court Cr.Misc. No.16256 of 2018 (05) dt.18-06-2018 - 2 - conscious physical possession of the petitioner. He has no concern with the seized article. He has been falsely implicated in the case at the instance of his enemies by planting aforesaid recovery from his possession. The contraband allegedly recovered from the possession of the petitioner is of small quantity. Chargesheet in the case has already been submitted. Though one case under the Excise Act is pending against the petitioner but he is on bail in the said case. He has been languishing in custody since 26.12.2017. 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 Special Judge, Muzaffarpur in connection with Muzaffarpur Town (Nagar) P.S. Case No.955 of 2017.
(Prakash Chandra Jaiswal, J) Trivedi/- U T