Rakesh Gupta v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.16206 of 2018 Arising Out of PS.Case No. -1882 Year- 2017 Thana -BHABHU(KAIMUR) COMPLAIN C District- BHABHUA (KAIMUR) ====================================================== Rakesh Gupta, Son of Sri Mukhdeo Sah @ Mukdev Sah, resident of Village- Kumhau, P.S.- Shivsagar, District- Rohtas. .... .... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s : Mr. Dhananjay Kumar, Advocate. For the Opposite Party/s : Mr. Tarun Prasad Mandal, APP. ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 21-03-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in Excise Case No. 1882 of 2017 registered under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

19.500 litres of country made liquor is said to have been recovered from the possession of the petitioner and the coaccused Mayank Tiwari and they were 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.16206 of 2018 (2) dt.21-03-2018 2/2 at the instance of his enemies by planting aforesaid recovery from his possession. He has no criminal antecedent. He has been languishing in custody since 18.12.2017. Similarly situated coaccused, namely, Mayank Tiwari has been enlarged on bail by a co-ordinate bench of this court vide order dated 08.03.2018 passed in Cr. Misc. No. 13522 of 2018.

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 cum Additional Sessions Judge-IV, Kaimur at Bhabhua in connection with Excise Case No. 1882 of 2017.

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