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Patna High CourtCR. MISC./50228/2018bail granted

Arun Kumar Singh v. The State Of Bihar

2018-08-14Mr. Justice Prakash Chandra Jaiswal2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.50228 of 2018 Arising Out of PS.Case No. -297 Year- 2018 Thana -BRAHMPUR District- BUXAR ====================================================== Arun Kumar Singh S/o Late Rajnath Singh, R/o Vill.- Hemantpur, P.S.- Ara Muffasil, District- Bhojpur.

.... .... Petitioner

Versus

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

For the Petitioner : Mr. Shiv Prasad Gupta, Adv. For the Opposite Party : Mr. Nand Kishore Pd, APP. ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 14-08-2018 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 41 of the Bihar Prohibition and Excise Act, 2016.

39.24 liters of foreign liquor is said to have been recovered from the motorcycle of the petitioner and he was 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 the place of occurrence at the time of occurrence and the real culprit managed to escape dumping the aforesaid liquor there seeing the

Patna High Court Cr.Misc. No.50228 of 2018 (02) dt.14-08-2018 2/ 2 police personnel. He has no criminal antecedent and has been languishing in custody since 23.06.2018.

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 Additional District Judge-II-cum-Special Judge Excise Act, Buxar in connection with Brahmpur P.S. Case No. 297 of 2018. (Prakash Chandra Jaiswal, J) Trivedi/R.RanjanU T