Rajesh Sao v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.47494 of 2018 Arising Out of PS. Case No.-230 Year-2018 Thana- GOVERNMENT OFFICIAL COMP. District- Gaya ====================================================== Rajesh Sao Son of Late Parmeshwar Sao, resident of Village- Laxnaiti, P.S.- Sherghaty, District- Gaya.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Shivendra Prasad For the Opposite Party/s :
Mr. Dinesh Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 03-08-2018 Heard learned counsel for the petitioner and learned APP for the State.
The petitioner seeks bail in connection with Excise Case No. 230 of 2018 registered for the offence punishable under Sections 30(d) and 56(a) of the Bihar Prohibition and Excise Act, 2016 and Rule 2(e) 3, 5 and 13 of the Mahua Flower Rules 2006.
30 Kg. Mahua flower is said to have been recovered from Moped of the petitioner and he was apprehended.
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
Patna High Court Cr.Misc. No.47494 of 2018(2) dt.03-08-2018 2/2 the seized article. He has been falsely implicated in this case by the personnel of Excise Department while he was passing through the place of occurrence at the time of occurrence and real culprits managed to escape dumping the aforesaid article there seeing them. He has no criminal antecedent. He has been languishing in custody since 05.07.2018.
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 Special Judge, Excise, Gaya in connection with Excise Case No. 230 of 2018.
(Prakash Chandra Jaiswal, J) rohit/- U T