Amit Kumar Rajak @ Sukho Rajak @ Amit Rajak And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.35277 of 2018 ======================================================

1. Amit Kumar Rajak @ Sukho Rajak @ Amit Rajak, S/o- Prem Lal Rajak, resident of Village- Sidhiyan Sundar, P.S. Bhawanipur, DistrictPurnea,

2. Ranjit Kumar S/o- Kailash Mandal, resident of Village- Pakra Tola, P.S. Gopalpur, District Bhagalpur.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Nafisuzzoha For the Opposite Party/s : Mr. Ajeet Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 28-06-2018 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners seek bail in a case registered for the offence punishable under Sections 272 and 273 of the Indian Penal Code and Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

172.410 litres of foreign liquor is said to have been recovered from the Maruti Suzuki car and the petitioner no.1 Amit Kumar Rajak who happens to be driver of the said car and petitioner no.2 Ranjit Kumar sitting in the said car were apprehended.

It is submitted by learned counsel for the petitioners

Patna High Court Cr.Misc. No.35277 of 2018 (2) dt.28-06-2018 2/2 that no incriminating article has been recovered from the conscious physical possession of the petitioners. They have no concern with the seized liquor. Petitioner no.1 happens to be driver of the said car and petitioner no.2 happens to be simple commuter and they had no knowledge of keeping of the liquor in the dickey of the aforesaid car by its owner. Petitioner no.1 was plying the aforesaid car as per the instruction of his owner. Petitioners have no criminal antecedent. They have been languishing in custody since 26.05.2018.

Considering the facts aforesaid, 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 Addl. Sessions Judge-II cum Special Judge, Excise, Purnea in connection with Special Excise Case No. 504 of 2018 arising out of Dagarua P.S. Case No. 87 of 2018.

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