Patna High CourtCR. MISC./44048/2018bail granted

Ajay Kumar v. The State Of Bihar

2018-07-20Mr. Justice Prakash Chandra Jaiswal2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.44048 of 2018 Arising Out of PS. Case No.-113 Year-2018 Thana- NARDIGANJ District- Nawada ====================================================== Ajay Kumar S/o Late Birendra Prasad Singh, R/o Vill.- Keshala , P.S.- Nardiganj, District- Nawada.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Pramod Kumar Verma, Adv.

For the Opposite Party/s :

Mr. Bisheshwar Ram, APP 18 ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 20-07-2018 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner seeks bail in connection with Nardiganj P.S. Case No. 113 of 2018 registered under Section 30(a) of the Bihar Prohibition and Excise Act, 2016. 71 liters of country made liquor 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 conscious possession of the petitioner. He has been falsely implicated in the case merely on suspicion while he was passing through place of occurrence at the time of occurrence and real

Patna High Court Cr.Misc. No.44048 of 2018(2) dt.20-07-2018 2/2 culprit managed to escape dumping the aforesaid liquor there after seeing the police party. He has no concern with the seized liquor. Though one more case under Excise Act has been lodged against the petitioner, but, he is on bail in the aforesaid case. There is violation of Section 100 of the Criminal Procedure Code. He has no criminal antecedent. He has been languishing in custody since 05.06.2018.

Considering the facts, aforesaid, the above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs.10,000/- (rupees ten thousand) with two sureties of the like amount each in connection with Nardiganj P.S. Case No. 113 of 2018 to the satisfaction of the Additional Sessions Judge II-cu-Special Judge, Nawadah.

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