Rajan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.23124 of 2018 Arising Out of PS.Case No. -79 Year- 2018 Thana -SAKRA District- MUZAFFARPUR ====================================================== Rajan Kumar son of Arjun Mahto resident of village - Sakra Faridpur, P.S. - Sakra, District - Muzaffarpur.

.... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Bela Singh For the Opposite Party/s : Mr. Satyavarat Verma ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 30-04-2018 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner seeks bail in a case registered for the offence punishable under Sections 272 and 273 of the Indian Penal Code and Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

72 litres of foreign liquor is said to have been recovered from the hut of Arvind Prasad and the said Arvind Prasad and the petitioner were apprehended in the course of escaping from the place of occurrence.

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

Patna High Court Cr.Misc. No.23124 of 2018 (2) dt.30-04-2018 2/2 either with the seized liquor or with the aforesaid hut. He has been falsely implicated in the case by the police merely on suspicion while he was passing through the place of occurrence at the time of occurrence. He has no criminal antecedent. He has been languishing in custody since 01.03.2018. Said Arvind Prasad has been enlarged on bail by this Court vide order dated 11.04.2018 passed in Cr. Misc. No. 20206 of 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, Muzaffarpur in connection with Sakra P.S. Case No. 79 of 2018.

(Prakash Chandra Jaiswal, J) Mishra/- U T