Rajesh Kumar Sah @ Rajesh Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.22430 of 2018 Arising Out of PS.Case No. -302 Year- 2017 Thana -GAUTAMBUDHNAGAR District- SIWAN ====================================================== Rajesh Kumar Sah @ Rajesh Sah Son of Late Thakur Sah @ Chhathu Sah Resident of village- Tarwara Chaudhary Patti, Police Station- G.B. Nagar, District- Siwan .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Bijay Prakash Singh For the Opposite Party/s : Mr. Sri Bhanu Pratap Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 17-04-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in G.B. Nagar P.S. Case No. 302 of 2017 registered under Sections 272, 273 and 308 of the Indian Penal Code and Sections 30 and 38 of the Bihar Prohibition and Excise Act, 2016.

7.200 litres of foreign liquor is said to have been recovered from the house of the petitioner and the petitioner fled away seeing the police party.

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

Patna High Court Cr.Misc. No.22430 of 2018 (2) dt.17-04-2018 2/2 with the seized liquor. The house of the petitioner is inhabited by several family members and he had no knowledge of keeping of the said liquor in the house. He was not apprehended on the spot. Though four more cases have been lodged against the petitioner, but he is on bail in the aforesaid cases. He has been languishing in custody since 30.10.2017.

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 2nd Additional Sessions Judge cum Special Judge, Siwan in connection with G.B. Nagar P.S. Case No. 302 of 2017.

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