Patna High CourtCR. MISC./50272/2018bail granted

Budhan Kumar v. The State Of Bihar

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

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.50272 of 2018 Arising Out of PS.Case No. -597 Year- 2018 Thana -SITAMARHI District- SITAMARHI ====================================================== Budhan Kumar Son of Sri Mohan Paswan Resident of Village- Gaushala Chawk, Ward No. 04, Police Station- Sitamarhi, District- Sitamarhi. .... .... Petitioner

Versus

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

For the Petitioner : Mr. Pushpendra Kumar Singh,Adv. For the Opposite Party : Mr. Suresh Prasad Singh, 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 272 & 273 of the Indian Penal Code and Section 30 (a) of the Bihar Prohibition and Excise Act, 2016. 12.060 liters of foreign liquor is said to have been recovered from the motorcycle of the petitioner and petitioner 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 at the instance of his enemy by planting the aforesaid recovery from his possession. He has no criminal antecedent and has been

Patna High Court Cr.Misc. No.50272 of 2018 (2) dt.14-08-2018 2/ 2 languishing in custody since 15.06.2018.

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, Sitamarhi in connection with Sitamarhi P.S. Case No. 597 of 2018.

(Prakash Chandra Jaiswal, J) Trivedi/R.RanjanU T