Rakesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.10706 of 2017 Arising Out of PS.Case No. -72 Year- 2016 Thana -ROUH District- NAWADA ====================================================== Rakesh Kumar, Son of Suneshwar Rajwanshi, Resident of VillagePanditpur, P.S. Rajgir, District- Nalanda. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Man Mohan Kumar, Advocate For the Opposite Party/s : Mr. Bal Mukund Prasad Sinha, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 28-03-2017 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

Petitioner is languishing in judicial custody since 27.10.2016 in connection with Roh P.S. Case No. 72/16 registered for the offence punishable under Section 30(a) of the Bihar Liquor Prohibition and Excise Act, 2016.

The prosecution case is that the police on secret information apprehended the petitioner alongwith another coaccused, who were travelling in two motorcycles. From the motorcycle of the petitioner 64 litres of country-made liquor was recovered.

It has been submitted by the learned counsel for the petitioner that he is innocent, bears no criminal antecedent and has

Patna High Court Cr.Misc. No.10706 of 2017 (2) dt.28-03-2017 2/2 falsely been implicated in the aforesaid case. It is further submitted that the charge-sheet has already been submitted, hence, there is no chance of tampering with the prosecution evidence and that another co-accused, who is alleged to have been carrying about the same quantity of country-made liquor and was apprehended alongwith the petitioner in another motorcycle, has since been granted the privilege of bail by a Coordinate Bench of this Court in Cr. Misc. No. 9244 of 2017 on 15.03.2017. However, learned A.P.P. for the State opposes the prayer for bail.

Considering the facts and circumstances and the materials on record, let the petitioner, above named, be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Nawada in connection with Roh P.S. Case No. 72/16.

(Nilu Agrawal, J) Rajesh/- U T