Shiv Kumar Rajbanshi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.51184 of 2018 Arising Out of PS.Case No. -160 Year- 2018 Thana -RAJGIR District- NALANDA (BIHARSHARIFF) ====================================================== Shiv Kumar Rajbanshi S/o Late Parmeshwar Rajbanshi , R/o Vill.- Mahadevapur, P.S.- Rajgir, District- Nalanda. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sanjay Prasad For the Opposite Party/s : Mr. Satyavarat Verma ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 20-08-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

14 litres of country made liquor is said to have been recovered from the house of the petitioner and the petitioner managed to escape.

It is submitted by learned counsel for the petitioner that no incriminating article has been recovered from the conscious physical possession of the petitioner. He has no concern either with the seized liquor or any trade of liquor. He has been

Patna High Court Cr.Misc. No.51184 of 2018 (2) dt.20-08-2018 2/2 falsely implicated in the case at the instance of his enemies. The house of the petitioner is inhabited by several family members and he had no knowledge of keeping of the said liquor in the house. He was not apprehended on the spot. He has no criminal antecedent. He has been languishing in custody since 07.07.2018. Considering the facts aforesaid, 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 Addl. District and Sessions Judge-VI cum Special Judge, Excise, Nalanda at Biharsharif in connection with Rajgir P.S. Case No. 160 of 2018. (Prakash Chandra Jaiswal, J) Mishra/- U T