Rahul Sarraf @ Rahul Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.2494 of 2018 Arising Out of PS.Case No. -57 Year- 2017 Thana -NARKATIYAGANJ RAIL P.S. DistrictWESTCHAMPARAN(BETTIAH) ======================================================
1. Rahul Sarraf @ Rahul Kumar, Son of Sri Ashok Sarraf, resident of Mohalla- Kachahari Road, Ward No. 16, Police Station- Shikarpur, DistrictWest Champaran at Bettiah. .... .... Petitioner/s
Versus
1. The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Raghunandan Kumar Singh, Adv. For the Opposite Party/s : Mr. Kalyan Shankar, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 23-01-2018 Heard learned counsel for the petitioner and learned APP for the State.
The petitioner seeks bail in Narkatiaganj Rail P.S. Case No.57 of 2017 registered under Section 30 (a) of the Bihar Prohibition and Excise Act, 2016.
As per the prosecution case, 43.200 liters of foreign liquor is said to have been recovered from the two bags kept on two motorcycles recovered from the place of occurrence. Three persons managed to escape 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. Though one of the
Patna High Court Cr.Misc. No.2494 of 2018 (02) dt.23-01-2018 - 2 - aforesaid motorcycles is hailing to the petitioner but the petitioner was not driving the same at the time of occurrence rather his cousin had taken the same from him. He has been falsely implicated in this case. He has no criminal antecedent. The petitioner has been languishing in custody since 23.11.2017. . 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, West Champaran at Bettiah in connection with Narkatiaganj Rail P.S. Case No. 57 of 2017.
(Prakash Chandra Jaiswal, J) Trivedi/- U T