Prakash Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.73925 of 2019 Arising Out of PS. Case No.-641 Year-2019 Thana- GOVERNMENT OFFICIAL COMP. District- Gaya ====================================================== Prakash Kumar, Son of Sri Dimendra Dom @ Dimendar Dom, resident of Village- Nipganj Chatti Near Nagar Panhayat Office, P.S.- Sherghati, DistrictGaya. ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Vinod Kumar For the Opposite Party/s :

Mrs. Veena Rani Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 11-12-2019 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.

50 liters of country made liquor is said to have been recovered from the tempo and the petitioner was apprehended from the said tempo.

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 tempo in question or any trade of

Patna High Court CR. MISC. No.73925 of 2019(2) dt.11-12-2019 2/2 liquor. He happens to be a simple commuter and had no knowledge of keeping of the said liquor in the tempo and the driver of the said tempo managed to escape seeing the police party. He has no criminal antecedent and has been languishing in custody since 04.10.2019.

Learned APP for the State opposed the bail petition.

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 Excise Judge, Gaya in connection with Excise Case Case No.641 of 2019.

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