Chhotu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.22306 of 2018 Arising Out of PS. Case No.-373 Year-2017 Thana- GAYA RAIL P.S. District- Gaya ====================================================== Chhotu Kumar, S/o Late Raju Turi, resident of Mohalla- Mallahtoli, P.S.- Moffasil, District- Gaya.

... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr. Vinod Kumar, Adv.

For the Opposite Party/s :

Mr. Satyavarat Verma, APP 171 ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 17-04-2018 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner seeks bail in connection with Rail Gaya P.S. Case No. 373 of 2017 registered under Section 30(a) of the Bihar Prohibition and Excise Act, 2016. Four hundred liters of country made liquor is said to have been recovered at platform no. 1 of Gaya Railway Station and the petitioner was apprehended while unloading the same.

It is submitted by learned counsel for the petitioner that no incriminating article has been recovered from the conscious possession of the petitioner. He has no concern with the seized liquor. He has been falsely implicated in the case at

Patna High Court Cr.Misc. No.22306 of 2018(2) dt.17-04-2018 2/2 the instance of his enemies. The petitioner was at the platform to catch the train, in the meantime, the police arrived there and demanded some illegal gratification from him and on his refusal to cough-up his demand the police falsely implicated him in this case. He has no criminal antecedent. He has been languishing in custody since 17.12.2017.

Considering the facts, aforesaid, the above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs.10,000/- (rupees ten thousand) with two sureties of the like amount each in connection with Rail Gaya P.S. Case No. 373 of 2017 to the satisfaction of the Special Judge, Excise, Gaya.

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