Rahul Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.51139 of 2018 Arising Out of PS.Case No. -55 Year- 2018 Thana -ARA RAIL P.S. District- BHOJPUR ====================================================== Rahul Kumar, Son of Late Vijay Singh @ Ajay Singh, resident of village - Kanai, P.S.-Charpokhri, District - Bhojpur.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Anil Kumar For the Opposite Party/s : Mr. Shailendra Kumar ====================================================== 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.

90 litres of foreign liquor is said to have been recovered from four bags carried by the petitioner at platform no.1 of Ara Railway Station and the petitioner was apprehended. 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 with the seized liquor. He has been falsely implicated in the case by planting aforesaid recovery from his possession by the personnel of GRP due to some altercation taken place between

Patna High Court Cr.Misc. No.51139 of 2018 (2) dt.20-08-2018 2/2 them on refusal of the petitioner to cough up the illegal demand of graft made by them. There is violation of Section 100 Cr.P.C. He has no criminal antecedent. He has been languishing in custody since 08.07.2018.

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 4th Additional District Judge, Bhojpur, Ara in connection with Ara Rail P.S. Case No. 55 of 2018.

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