Raj Kishor Kumar @ Raj Kishor Rai And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.44810 of 2018 Arising Out of PS. Case No.-87 Year-2018 Thana- RAJPUR District- East Champaran ======================================================

1. Raj Kishor Kumar @ Raj Kishor Rai, S/o Rijhan Rai, R/o VillChakirasgula Ganj More, P.S. Motipur, Distt-Muzaffarpur.

2. Rohit Kumar, S/o Kailash Sahani, R/o Chakki Jamalabad, P.S. Motopur, Distt-Muzaffarpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Mithilesh Kumar Vidyarthi For the Opposite Party/s :

Mr. Shyam Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 24-07-2018 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners seek bail in connection with Rajepur P.S. Case no. 87 of 2018 registered under Sections 414, 120(B)/34 of I.P.C., Sections 25(1-B)A, 26/35 of the Arms Act and Section 30(A) of Bihar Excise and Prohibition Act-2016. 9 lts. of foreign liquor is said to have been recovered from Scorpio vehicle and co-accused Raju Kumar sitting on the said car was apprehended along with loaded country made pistol. Petitioners are said to have been escorting the aforesaid car on the motorcycle and they were apprehended by the police.

Patna High Court Cr.Misc. No.44810 of 2018(2) dt.24-07-2018 2/2 It is submitted by learned counsel for the petitioners that no incriminating article has been recovered from conscious physical possession of the petitioners. They have no concern either with the seized article or with the vehicle in question. They have no concern with the aforesaid occurrence. They have been falsely implicated in this case by the police merely on suspicion while they were passing through the place of occurrence at the time of occurrence. They have no criminal antecedent. They have been languishing in custody since 10.06.2018.

In the facts and circumstances of the case, the above named petitioners are directed to be enlarged on bail on furnishing bail bonds of Rs. 10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Addl. Sessions Judge-IV-cum-Special Judge Excise, East Champaran, Motihari in connection with Rajepur P.S. Case no. 87 of 2018.

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