Bharat Kumar @ Rajesh Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.9593 of 2019 Arising Out of PS. Case No.-23 Year-2019 Thana- GOVERNMENT OFFICIAL COMP. District- Bhabhua (Kaimur) ====================================================== BHARAT KUMAR @ RAJESH KUMAR Son of Late Anil Prasad Resident of Village-Rajpur Ward No.12, P.S.-Rajpur, District Rohtas ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Praveen Kumar For the Opposite Party/s :
Mr.Damodar Prasad Tiwary ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 19-02-2019 Heard learned counsel for the petitioner and learned APP for the State.
Petitioner seeks bail in connection with Excise Case No. 23 of 2019, corresponding to P.R. No. 32/2018-19 for offences punishable under Sections 30(a) of the Bihar Prohibition and Excise Act.
The prosecution case, as lodged by the excise officials, is that a bus coming from UP border was searched and the petitioner was found with a bag at the back of the seat of the driver and in the bag 10.890 litres of Indian made foreign liquor and Beer was recovered. Accordingly, a seizure memo was prepared.
It has been submitted by the learned counsel for the
Patna High Court Cr.Misc. No.9593 of 2019(2) dt.19-02-2019 2/2 petitioner that he is innocent, bears no criminal history and has been falsely implicated in the aforesaid case. In fact the said bag was recovered from the luggage carrier and the petitioner is not concerned with the said illicit liquor.
However, learned APP for the State opposes the prayer for bail.
Considering the facts and circumstances and the materials on record, let petitioner, above named, 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 learned Special Judge (Excise), Kaimur at Bhabua, in connection with Excise Case No. 23 of 2019, corresponding to P.R. No. 32/2018-19.
(Nilu Agrawal, J) Rajesh/- U T