Rakesh Kumar Singh @ Pankaj Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.29320 of 2018 Arising Out of PS. Case No.-121 Year-2018 Thana- SAHEBGANJ District- Muzaffarpur ====================================================== Rakesh Kumar Singh @ Pankaj Singh S/o Maya Shankar Singh, R/o Vill.- Dostpur, P.S.- Sahebganj, District- Muzaffarpur. ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== with Criminal Miscellaneous No. 29448 of 2018 Arising Out of PS. Case No.-121 Year-2018 Thana- SAHEBGANJ District- Muzaffarpur ====================================================== Mukhi Yadav, Son of Late Ram Chandra Yadav, resident of Village- Tikulia, Laxmipur, P.S.- Muffasil, District- East Champaran. ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

(In Criminal Miscellaneous No. 29320 of 2018) For the Petitioner/s :

Mr. Ganesh Prasad Singh For the Opposite Party/s :

Mr. Ramesh Chandra (In Criminal Miscellaneous No. 29448 of 2018) For the Petitioner/s :

Mr. Ganesh Prasad Singh For the Opposite Party/s :

Mr. Ramesh Chandra ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 17-07-2018 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners seek bail in connection with Sahebganj P.S. Case No. 121 of 2018 registered under Sections 272, 273 of I.P.C. and Sections 30(a), 41 of the Bihar Prohibition and Excise Act-2016.

490 lts. of spirit is said to have been recovered from Malang Asthan and petitioners wandering near the

Patna High Court Cr.Misc. No.29320 of 2018(5) dt.17-07-2018 2/2 aforesaid place were apprehended in the course of escaping from the said place.

It is submitted by learned counsel for the petitioner that no incriminating article has been recovered from conscious physical possession of the petitioners. They have no concern either with the seized article or with the place of recovery. The place of recovery is open place and easily accessible to anyone. He has been falsely implicated in this case by the police merely on suspicion while he was passing through the place of occurrence at the time of occurrence and the real culprits managed to escape dumping the aforesaid article there. They have no criminal antecedent. They have been languishing in custody since 15.04.2018.

In the facts and circumstances of the case, the above named petitioners are directed to be enlarged on bail on furnishing bail bonds of Rs. 10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Special Judge, Excise Act, Muzaffarpur in connection with Sahebganj P.S. Case No. 121 of 2018.

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