Patna High Court - Orders
Pintu Kumar vs The State Of Bihar on 3 July, 2018
Author: Prakash Chandra Jaiswal
Bench: Prakash Chandra Jaiswal
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.38487 of 2018
Arising Out of PS. Case No.-59 Year-2018 Thana- NADI P.S. District- Patna
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Pintu Kumar, Son of Shyam Babu Ray, Resident of Village- Hemantpur,
Police Station- Raghopur, District- Vaishali.
... ... Petitioner/s
Versus
The State of Bihar.
... ... Opposite Party/s
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Appearance :
For the Petitioner/s : Mr. Jay Ram Prasad
For the Opposite Party/s : Mr. Chandra Bhushan Prasad
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CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA
JAISWAL
ORAL ORDER
2 03-07-2018Heard learned counsel for the petitioner and learned APP for the State.
The petitioner seeks bail in connection with Nadi P.S. Case No. 59 of 2018 registered under Sections 30(a) of the Bihar Prohibition and Excise Act 2016.
90 lts. of country made liquor is said to have been recovered from two jute bags which is said to have been dumped at the place of occurrence by the petitioner and he was apprehended during course of escaping.
It is submitted by learned counsel for the petitioner that no incriminating article has been recovered from 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.38487 of 2018(2) dt.03-07-2018 2/2 recovery. The place of recovery is pontoon bridge which is accessible to all. He has been falsely implicated in this case by the police while he was passing through the place of occurrence at the time of occurrence and real culprits managed to escape dumping the aforesaid liquor at the place of occurrence seeing the police party. He has no criminal antecedent. He has been languishing in custody since 7.05.2018.
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 Special Judge, Excise, Patna in connection with Nadi P.S. Case No. 59 of 2018.
(Prakash Chandra Jaiswal, J) rohit/-
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