Patna High CourtCR. MISC./2412/2018bail granted

Rajesh Kumar v. The State Of Bihar

2018-01-23Mr. Justice Prakash Chandra Jaiswal2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.2412 of 2018 Arising Out of PS.Case No. -133 Year- 2017 Thana -CHARIABARIYARPUR DistrictBEGUSARAI ====================================================== Rajesh Kumar, S/o Hare Ram Singh, resident of Village- Naokothi, P.S.- Naokothi, District- Begusarai.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Shubhesh Pandey, Advocate For the Opposite Party/s : Mr. Rajballabh Singh, APP. ====================================================== 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 Cheriabariyarpur P.S. Case No. 133 of 2017 registered under Section 414 of the Indian Penal Code and Section 30(A) of the Bihar Excise Act, 2016. 677 litres of foreign liquor is said to have been recovered from the Alto car of the petitioner. It is submitted by learned counsel for the petitioner that no incriminating article has been recovered from conscious physical possession of the petitioner. The petitioner has no concern with the seized liquor. He was not apprehended on the spot. As a matter of fact, one Murari Kumar has taken his vehicle

Patna High Court Cr.Misc. No.2412 of 2018 (2) dt.23-01-2018 2/2 for personal use and was apprehended by the police and said Murari Kumar has been enlarged on bail by a co-ordinate bench of this court in Cr. Misc. No. 53495 of 2017 vide order dated 09.11.2017. Though five criminal cases have been lodged against the petitioner, but he has been enlarged on bail in all the cases. He has been languishing in custody since 30.11.2017. 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 Additional Sessions Judge 7th cum Special Judge, Begusarai in connection with Cheriabariyarpur P.S. Case No. 133 of 2017.

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