Rupesh Kumar Kushwaha v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.51712 of 2018 Arising Out of PS. Case No.-224 Year-2018 Thana- MAIRWAN District- Siwan ====================================================== Rupesh Kumar Kushwaha, S/o Shyamdeo Bhagat, R/o Vill-Sajna, P.S. Mairwa District-Siwan.
... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Javed Aslam For the Opposite Party/s :
Mr. Sanjay Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 23-08-2018 Heard learned counsel for the petitioner and learned APP for the State.
The petitioner seeks bail in connection with Mairwa P.S. Case no. 224 of 2018 registered for the offence punishable under Sections 272, 273 of I.P.C. and Sections 30, 38, 41 of the Bihar Prohibition and Excise Act, 2016.
35.200 lts. of country made liquor is said to have been recovered from motorcycle 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 the seized liquor. He has been falsely implicated in this case by
Patna High Court Cr.Misc. No.51712 of 2018(2) dt.23-08-2018 2/2 the police merely on suspicion while he was passing through the place of occurrence at the time of occurrence and real culprits managed to escape dumping the aforesaid liquor there seeing the police personnel. He has no criminal antecedent. He has been languishing in custody since 19.06.2018. 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 Addl. Sessions Judge-II-cum-Special Judge, Excise, Siwan in connection with Mairwa P.S. Case no. 224 of 2018. (Prakash Chandra Jaiswal, J) rohit/- U T