Patna High CourtCR. MISC./46904/2018bail granted

Rakesh Kumar Dhankar v. The State Of Bihar

2018-08-01Mr. Justice Prakash Chandra Jaiswal2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.46904 of 2018 Arising Out of PS. Case No.-171 Year-2018 Thana- RAJNAGAR District- Madhubani ====================================================== Rakesh Kumar Dhankar, S/o Yogendra Mallik @ Yogendra Dhankar, R/o VillKasiyauna, P.S. Rajnagar, Distt-Madhubani. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Bimal Kumar For the Opposite Party/s :

Mr. Uma Shankar Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 01-08-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in connection with Rajnagar P.S. Case No. 171 of 2018 registered for the offence punishable under Sections 272, 273/34 of the I.P.C. and Section 30(a) of the Bihar Prohibition and Excise Act, 2016. 63 lts. of Nepali liquor is said to have been recovered from possession and house of the petitioner. It is submitted by learned counsel for the petitioner that no incriminating article has been recovered from conscious physical possession of the petitioner. He has no concern with the seized liquor. The house of the petitioner is inhabited by his several other family members and he had no knowledge of

Patna High Court Cr.Misc. No.46904 of 2018(2) dt.01-08-2018 2/2 keeping of liquor in the said house. He has been falsely implicated in this case at the instance of his enemy. There is no compliance of Section 100 Cr.P.C. Though, one more case under Excise Act has been lodged against the petitioner, but he is on bail in the said case. He has been languishing in custody since 29.05.2018.

In the facts and circumstances of the case, the above named petitioner is directed to be enlarged on bail on furnishing bail bonds of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Addl. Sessions Judge-II-cum-Special Judge, Excise Act, Madhubani in connection with Rajnagar P.S. Case No. 171 of 2018.

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