Patna High CourtCR. MISC./53615/2018bail granted

Lakshman Kumar v. The State Of Bihar

2018-08-30Mr. Justice Prakash Chandra Jaiswal2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.53615 of 2018 Arising Out of PS.Case No. -138 Year- 2018 Thana -GOVINDPUR District- NAWADA ====================================================== Lakshman Kumar Son of Rambhajju Yadav@ Ram Bhaju Yadav Resident of Village- Akauna, P.S. Muffasil, District- Nawada. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Rajeev Nayan For the Opposite Party/s : Mr. Rajendra Singh Shastriji ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 30-08-2018 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 Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

30 litres of country made liquor is said to have been recovered from the motorcycle and two persons sitting on the said motorcycle including the petitioner 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 by the police merely on suspicion while he was passing through

Patna High Court Cr.Misc. No.53615 of 2018 (2) dt.30-08-2018 2/2 the place of occurrence at the time of occurrence while the real culprit managed to escape dumping the aforesaid liquor there seeing them. There is violation of Section 100 Cr.P.C. He has no criminal antecedent. He has been languishing in custody since 16.07.2018.

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 A.D.J.-II cum Special Judge, Nawada in connection with Govindpur P.S. Case No. 138 of 2018.

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