Patna High CourtCR. MISC./9036/2018bail granted

Rajesh Kumar Jaiswal And ANR v. The State Of Bihar

2018-02-17Mr. Justice Prakash Chandra Jaiswal2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.9036 of 2018 Arising Out of PS.Case No. -154 Year- 2017 Thana -DUMRIAGHAT DistrictEASTCHAMPARAN(MOTIHARI) ======================================================

1. Rajesh Kumar Jaiswal Son of Manoj Jaiswal Resident of B-3/835 12-55Q Yard J-J Colony, Ragbubir Nagar, Taigore Garden, P.S. Kheyala , Delhi.

2. Shankar Chaudhari@ Shankar Chaurasiya Son of Madan Chaudhari Resident of Village- Bangaha, Ward No. 4, P.S. town(Saharsa), DistrictSaharsa. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ajay Kumar Singh For the Opposite Party/s : Mr. Narendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 17-02-2018 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners seek bail in Dumariyaghat P.S. Case No. 154 of 2017 registered under Sections 272 and 273/34 of the Indian Penal Code and Section 30 (a) of the Bihar Prohibition and Excise Act, 2016.

189 liters of foreign liquor is said to have been recovered from the Honda City Car and petitioners were apprehended.

It is submitted by learned counsel for the petitioners that no incriminating article has been recovered from the

Patna High Court Cr.Misc. No.9036 of 2018 (02) dt.17-02-2018 2/ 2 conscious physical possession of the petitioners. Petitioner no.1 happens to be driver and petitioner no.2 happens to be owner of the said car. They have been falsely implicated in this case due to ulterior motive planting the aforesaid recovery from the said car. Petitioners have no criminal antecedent. They have been languishing in custody since 28.11.2017.

In the facts and circumstances of the case, the above named petitioners are directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Special Judge Excise, East Champaran at Motihari in connection with Dumariya P.S. Case No.154 of 2017.

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