Patna High CourtCR. MISC./9865/2018bail granted

Raj Kumar Sah v. The State Of Bihar

2018-02-19Mr. Justice Prakash Chandra Jaiswal2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.9865 of 2018 Arising Out of PS.Case No. -131 Year- 2017 Thana -NIRMALI District- SUPAUL ====================================================== Raj Kumar Sah, son of Girdeo Sah, resident of village Kaluahi, P.S. Laukahi, District Madhubani.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Arvind Kumar For the Opposite Party/s : Mr. Ataur Rahman ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 19-02-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in Nirmali P.S. Case No. 131 of 2017 registered under Section 30 (a) of the Bihar Prohibition and Excise Act, 2016.

71.700 liters of Nepali liquor is said to have been recovered from the motorcycle of the petitioner and petitioner was apprehended.

It is submitted by learned counsel for the petitioner that no incriminating article has been recovered from the conscious physical possession of the petitioner. The motorcycle in question is not hailing to the petitioner. As a matter of fact, while the petitioner was passing through the place of occurrence he was falsely implicated in this case by the police showing the alleged

Patna High Court Cr.Misc. No.9865 of 2018 (02) dt.19-02-2018 2/ 2 recovery of liquor from his motorcycle. He has no concern with the seized liquor. He has no criminal antecedent. He has been languishing in custody since 20.12.2017.

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 Additional Sessions Judge-I-cum-Special Judge Excise, Supaul in connection with Nirmali P.S. Case No. 131 of 2017.

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