Rahul Kumar @ Monu @ Moni @ Moni Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.8674 of 2018 Arising Out of PS.Case No. -901 Year- 2017 Thana -KANKARBAGH District- PATNA ======================================================

1. Rahul Kumar @ Monu @ Moni @ Moni Kumar, Son of Surendra Prasad, Resident of Village- Ghoshi, P.S.- Ghoshi, District- Jehanabad, Presently resident of Indira Nagar, Road No.4A, P.S.- Kankarbagh, District- Patna. .... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Anil Kumar For the Opposite Party/s : Mr. Sri Anuj Kumar Srivastava ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 17-02-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in connection with Kankarbag P.S. Case No. 901 of 2017 registered under Sections 272, 273, 353, 186, 504, 506/34 of the Indian Penal code and Sections 30(a) of Bihar Excise Amendment Act -2016. 77.250 liters of foreign liquor is said to have been recovered from Tata Manza car and three accused persons including the petitioner sitting in the aforesaid vehicle were arrested.

It is submitted by learned counsel for the petitioner that no incriminating article has been recovered from his

Patna High Court Cr.Misc. No.8674 of 2018 (2) dt.17-02-2018 2/2 conscious physical possession. The petitioner, who happens to be commuter of the said vehicle, has been falsely implicated in the case and he had no knowledge of keeping of liquor in the vehicle. He has no concern with the seized liquor. He has no criminal antecedent. Co-accused Kamal Kishore has been allowed bail by this Court in Cri. Misc. No. 7216 of 2018. He has been languishing in custody since 15.11.2017.

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 Special Judge Excise, Patna in connection with Kankarbag P.S. Case No. 901 of 2017.

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