Raj Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.38358 of 2018 Arising Out of PS. Case No.-168 Year-2018 Thana- PATLIPUTRA District- Patna ====================================================== Raj Kumar Singh, Son of Late Shyam Sunder Singh, resident of New Patliputra colony, House No. 249, Road No. 2B, J.D. Mishra Path, Police Station- Patliputra, District- Patna.

... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Nasim Yahya For the Opposite Party/s :

Smt. Renuka Ratnakar ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 02-07-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in connection with Patliputra P.S. Case No. 168 of 2018 registered under Sections 30(a), 38(i)(2), 41(i) (2), 32(2) of Bihar Prohibition and Excise Act-2016.

100 lts. of foreign liquor is said to have been recovered from rented room of Subham Kumar @ Golu and Vishal Kumar and petitioner who happens to be owner of the house was apprehended along with the aforesaid accused persons.

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

Patna High Court Cr.Misc. No.38358 of 2018(2) dt.02-07-2018 2/2 conscious physical possession of the petitioner. He has no concern either with the seized liquor or with the aforesaid accused persons. He has been falsely implicated in this case by the police as he happens to be owner of the rented room which has been let out by him to the aforesaid Subham Kumar @ Golu and Vishal Kumar and he had no knowledge of keeping of liquor in the said room by the aforesaid accused persons. Though, one more criminal case has been lodged against the petitioner, but he is on bail in the said case. He has been languishing in custody since 25.04.2018.

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 Special Judge, Excise, Patna in connection with Patliputra P.S. Case No. 168 of 2018.

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