Rajesh Kumar @ Rajesh Kumar Sah @ Rajesh Sah v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.22225 of 2018 Arising Out of PS. Case No.-262 Year-2017 Thana- GAUTAMBUDHNAGAR DistrictSiwan ====================================================== Rajesh Kumar @ Rajesh Kumar Sah @ Rajesh Sah Son of Late Thakur Sah @ Chhathu Sah, Resident of Village-Tarwara Chaudhary Patti, Police StationG.B. Nagar, District-Siwan. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Bijay Prakash Singh, Adv.
For the Opposite Party/s :
Mr. Bhanu Pratap Singh, APP 14 ====================================================== 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 G.B. Nagar P.S. Case No. 262 of 2017 registered under Sections 272, 273 and 308 of the Indian Penal Code and Sections 30 and 38 of the Bihar Prohibition and Excise Act, 2016.
2.880 liters of foreign liquor is said to have been recovered from the house of the petitioner and the petitioner was apprehended.
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
Patna High Court Cr.Misc. No.22225 of 2018(2) dt.17-04-2018 2/2 the seized liquor. He has been falsely implicated in the case at the instance of his enemies. The house of the petitioner is inhabited by several family members and he had no knowledge of keeping of the aforesaid liquor in the said house. He was not apprehended at the spot. He has no criminal antecedent. He has been languishing in custody since 13.11.2017. Considering the facts, aforesaid, the above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs.10,000/- (rupees ten thousand) with two sureties of the like amount each in connection with G.B. Nagar P.S. Case No. 262 of 2017 to the satisfaction of the 2nd Additional Sessions Judge-cum-Special Judge, Siwan.
(Prakash Chandra Jaiswal, J) Shamshad/- U T