Patna High CourtCR. MISC./47904/2018bail granted

Bimlesh Singh @ Bimlesh Kumar v. The State Of Bihar

2018-08-06Mr. Justice Prakash Chandra Jaiswal2 pages

Patna High Court Cr.Misc. No.47904 of 2018 (2) dt.06-08-2018

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.47904 of 2018 Arising Out of PS.Case No. -116 Year- 2018 Thana -AKHODHIGOLA District- SASARAM (ROHTAS) ======================================================

1. Bimlesh Singh @ Bimlesh Kumar, Son of Shiv Narayan Singh, Resident of Village- Shankarpur, P.O.& P.S.- Akorhi Gola, District- Rohtas. .... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Dhaneshwar Prasad Gupta For the Opposite Party/s : Mr. Md. Ansarul Haque ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 06-08-2018 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) and 47 of the Bihar Prohibition and Excise Act, 2016.

14.400 liters of foreign liquor is said to have been recovered from the motorcycle and the petitioner and one other accused sitting on the said motorcycle were apprehended. 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 with the seized liquor. He has been falsely implicated in this case at the

Patna High Court Cr.Misc. No.47904 of 2018 (2) dt.06-08-2018 instance of his enemy by planting the aforesaid recovery from his possession. Similarly situated co-accused, namely, Renu Kumar has been enlarged on bail by this Court in Cr. Misc. No. 45803 of 2018 vide order dated 27.07.2018. He has no criminal antecedent and has been languishing in custody since 28.05.2018. 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 2nd Additional District and Sessions Judge-cum-Special Judge Excise Act, Rohtas at Sasaram in connection with Akorhi Gola P.S. Case No. 116 of 2018.

(Prakash Chandra Jaiswal, J) Kr. Uday/- U T