Dharmbir Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.39105 of 2018 ====================================================== Dharmbir Kumar, S/o Raghunandan Paswan, R/o Sukatiya, P.S.- Masaurhi, District- Patna.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ram Babu For the Opposite Party/s : Smt. Pushpa Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 11-07-2018 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner seeks bail in a case registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

40 litres of country made liquor is said to have been recovered from the vending place of the petitioner and the petitioner was apprehended while other accused namely Vinod Kumar managed to escape.

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 either with the seized liquor or with the place of

Patna High Court Cr.Misc. No.39105 of 2018 (3) dt.11-07-2018 2/2 recovery or with any trade of liquor. He has been falsely implicated in the case by the police at the instance of his enemies. He has no criminal antecedent. He has been languishing in custody since 05.05.2018.

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 Special Judge, Excise, Patna in connection with Special Case No. 4249 of 2018 arising out of P.R. Case No. 29 of 2018. (Prakash Chandra Jaiswal, J) Mishra/- U