Rakesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.17837 of 2017 Arising Out of PS.Case No. -753 Year- 2016 Thana -MUZAFFARPUR TOWN DistrictMUZAFFARPUR ====================================================== Rakesh Kumar, Son of Harendra Mahto, Resident of Purani Gudari Road (Bhawani Singh Marg) Muzaffarpur, P.S. Town, District- Muzaffarpur. .... .... Petitioner

Versus

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

For the Petitioner : Mr. Mukesh Kumar Jha, Advocate For the Opposite Party: APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 11-04-2017 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is in custody since 19.03.2017 in connection with Town P.S. Case No. 753 of 2016 for the offences alleged under Section 290 of the Indian Penal Code and 30(a) of the Bihar Prohibition and Excise Act, 2016.

3. It is submitted that the petitioner has been falsely implicated as the recovered goods was merely found to be smelling of toddy as evident from the report of the Chemical Examiner, Laboratory dated 08.12 .2016 ( Annexure-2) which did not find any alcohol in the three samples. The petitioner claims clean antecedents.

4. Be that as it may, having regard to the entirety of the facts and circumstances of the case as well as the period of custody since 19.03.2017 already suffered, let the petitioner above named be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of learned Chief Judicial Magistrate, Muzaffarpur in connection with Town P.S. Case No. 753 of 2016.

(Vikash Jain, J) B.T/Chandran U T