Patna High CourtCR. MISC./20600/2018bail granted

Jitendra Kumar Rai v. The State Of Bihar

2018-04-16Mr. Justice Prakash Chandra Jaiswal2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.20600 of 2018 Arising Out of PS.Case No. -906 Year- 2017 Thana -KHAGARIA District- KHAGARIA ====================================================== Jitendra Kumar Rai Son of Naresh Prasad Rai, Resident of Village-Marwa, P.S.-Bihpur, District-Bhagalpur .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ranjeet Kumar Singh For the Opposite Party/s : Mr. Sri Binod Kumar 3 ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 16-04-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in Khagaria P.S. Case No. 906 of 2017 registered under Sections 272 and 273 of the Indian Penal Code and Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

18.750 litres of foreign liquor is said to have been recovered from the trolley bag of the petitioner 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.

Patna High Court Cr.Misc. No.20600 of 2018 (2) dt.16-04-2018 2/2 As a matter of fact, the said trolley bag was lying abandoned near the counter of Sudha Milk Corner. While the petitioner was purchasing edible articles from said corner, he was apprehended by the police merely on suspicion. He has no criminal antecedent. He has been languishing in custody since 28.12.2017. 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 Special Judge, Excise, Khagaria in connection with Khagaria P.S. Case No. 906 of 2017.

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