Rajpal Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.41899 of 2018 Arising Out of PS.Case No. -151 Year- 2018 Thana -GOVERNMENT OFFICIAL COMP. DistrictGAYA ====================================================== Rajpal Kumar, S/o Sri Badri Prasad, R/o Village - Devi Sarai, P.S.-Deep Nagar, District-Nalanda.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Binit Kumar For the Opposite Party/s : Mr. Anish Chandra ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 12-07-2018 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 Sections 30(a) and 56(d) of the Bihar Prohibition and Excise Act, 2016.

72 litres of foreign liquor is said to have been recovered from the motorcycle 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 physical possession of the petitioner. He has no concern with the seized liquor. He has been falsely implicated in the case by the personnel of Excise department merely on suspicion while

Patna High Court Cr.Misc. No.41899 of 2018 (2) dt.12-07-2018 2/2 he was passing through the place of occurrence at the time of occurrence to fulfill the quota while real culprit managed to escape dumping the aforesaid liquor at the place of occurrence seeing the personnel of Excise department. Though one more case under Excise Act has been lodged against the petitioner, but he is on bail in the aforesaid case. He has been languishing in custody since 22.04.2018.

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 Special Court, Excise, Gaya in connection with Excise Case No. 151 of 2018. (Prakash Chandra Jaiswal, J) Mishra/- U T