Raj Kishore Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.25416 of 2018 Arising Out of PS.Case No. -29 Year- 2018 Thana -SIWAN GRP CASE District- SIWAN ====================================================== Raj Kishore Kumar S/o Babu Lal Thakur, R/o Vill.- Ghurghat, P.S.- Siswan, District- Siwan (Bihar).

.... .... 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 Narendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 02-05-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

32.400 litres of country made 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 either with the seized liquor or with the bag in question. He has been falsely implicated in the case merely on suspicion by the

Patna High Court Cr.Misc. No.25416 of 2018 (2) dt.02-05-2018 2/2 police while he was passing through the place of occurrence at that time while real culprit managed to escape dumping the aforesaid bag at the place of occurrence. He has no criminal antecedent. He has been languishing in custody since 23.02.2018. 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 2nd Addl. Sessions Judge cum Special Judge, Siwan in connection with Siwan Rail P.S. Case No. 29 of 2018.

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