Patna High CourtCR. MISC./51359/2018bail granted

Rajeev Kumar v. The State Of Bihar

2018-08-21Mr. Justice Prakash Chandra Jaiswal2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.51359 of 2018 Arising Out of PS.Case No. -175 Year- 2018 Thana -RAJGIR District- NALANDA (BIHARSHARIFF) ====================================================== Rajeev Kumar, S/o. Late Mekashwer Sah @ Umeshwer Sah, R/o. VillageTulsi Gali, Rajgir, P.S.- Rajgir, District- Nalanda. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Amresh Kumar Sinha For the Opposite Party/s : Mr. Abhay Kumar - 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 21-08-2018 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.

14.250 litres of foreign liquor is said to have been recovered from the house of the petitioner and the petitioner was apprehended. Petitioner is said to be trafficker of the liquor. 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 falsely implicated in the case at the instance of his enemy. The

Patna High Court Cr.Misc. No.51359 of 2018 (2) dt.21-08-2018 2/2 house of the petitioner is inhabited by his several family members and he had no knowledge of keeping of the said liquor in the house. The seizure list does not bear the signature of the petitioner. He has no criminal antecedent. He has been languishing in custody since 04.07.2018.

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 6th Additional District and Sessions Judge cum Special Judge, Excise, Nalanda at Biharsharif in connection with Rajgir P.S. Case No. 175 of 2018. (Prakash Chandra Jaiswal, J) Kr. Uday/- U T