Rajnath Noniya v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.25187 of 2018 Arising Out of PS.Case No. -126 Year- 2018 Thana -KHAIRA District- JAMUI ======================================================
1. Rajnath Noniya, S/o Shayam Sundar Noniya @ Shyam Sundar Chauhan, r/o Village- Deviyana, P.S.- Nira, District- Dhanbad. .... .... Petitioner/s
Versus
1. The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Niranjan Parihar For the Opposite Party/s : Mr. Shyam Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 01-05-2018 Heard learned counsel for the petitioner and learned APP for the State.
The petitioner seeks bail in a case registered for the offence punishable under Section 272/273/34 of the Indian Penal Code and Section 30 (a)/38 (i) of the Bihar Prohibition and Excise Act, 2016.
120 liters of country made liquor and 9 liters of foreign liquor is said to have been recovered from the Xylo car and the petitioner, who happens to be driver-cum-owner of the said car and one another accused, namely, Ram Pravesh Chouhan were apprehended.
It is submitted by learned counsel for the petitioner that no incriminating article has been recovered from the
Patna High Court Cr.Misc. No.25187 of 2018 (02) dt.01-05-2018 2/ 2 conscious physical possession of the petitioner. He has been falsely implicated in this case at the instance of his enemy. He has no concern with the seized liquor and had no knowledge of carrying of the aforesaid liquor in the plastic bag by its commuter, namely, Ram Pravesh Chouhan. He has no criminal antecedent and has been languishing in custody since 03.04.2018. 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 A.D.J.-II, Jamui in connection with Khaira P.S. Case No.126 of 2018. (Prakash Chandra Jaiswal, J.) Trivedi/- U T