Md. Rajique v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.50947 of 2018 Arising Out of PS.Case No. -227 Year- 2018 Thana -LAHERIYASARAI District- DARBHANGA ====================================================== Md. Rajique, S/o. Md. Hira @ Jaggu, R/o. Mohalla- Donar, P.SLaheriasarai, District- Darbhanga. .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Sanjay Kumar Singh Mr. Rajesh Kumar For the Opposite Party/s : Mr. Shantanu 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.
47.280 litres of foreign liquor is said to have been recovered from the campus of Md. Jubair Siddique and the petitioner was apprehended during the course of investigation. 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 with the place of recovery. Neither he is named in the FIR nor was apprehended on the spot. He has
Patna High Court Cr.Misc. No.50947 of 2018 (2) dt.20-08-2018 2/2 been falsely implicated in the case by the police at the instance of his enemy by apprehending him during the course of investigation of this case. Though one more criminal case has been lodged against the petitioner, but he is on bail in the aforesaid case. He has been languishing in custody since 01.06.2018. 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 Sessions Judge cum Special Judge, Darbhanga in connection with Laheriasarai P.S. Case No. 227 of 2018. (Prakash Chandra Jaiswal, J) Kr. Uday/- U T