Raushan Kumar @ Roshan Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.46339 of 2018 Arising Out of PS. Case No.-306 Year-2018 Thana- BEGUSARAI TOWN District- Begusarai ====================================================== Raushan Kumar @ Roshan Kumar, Son of Surendra Sah, Resident of VillageNaulakha Road Ward No.42, P.S.- Nagar, District- Begusarai. ... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Manoj Kumar For the Opposite Party/s :
Mr. Manoj Kumar - 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 31-07-2018 Heard learned counsel for the petitioner and learned APP for the State.
The petitioner seeks bail in connection with Begusarai Town P.S. Case No. 306 of 2018 registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.
229.680 lts. of foreign liquor is said to have been recovered from rear side of the house of the co-accused Lalan Yadav and from his cow-shed after excavating earth and petitioner and said Lalan Yadav were apprehended. It is submitted by learned counsel for the petitioner that no incriminating article has been recovered from conscious physical possession of the petitioner. He has no concern either
Patna High Court Cr.Misc. No.46339 of 2018(2) dt.31-07-2018 2/2 with the seized liquor or with the place of recovery. The place of recovery is open place. He has been falsely implicated in this case by the police while he had paid visit to said Lalan Yadav at the time of occurrence. He has no criminal antecedent. He has been languishing in custody since 24.05.2018. Said Lalan Yadav has been enlarged on bail by this Court vide order dated 30.07.2018 passed in Cr. Misc. no. 46078 of 2018. 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 Additional Sessions Judge-II-cum-Special Judge, Begusarai, in connection with Begusaria Town P.S. Case No. 306 of 2018. (Prakash Chandra Jaiswal, J) rohit/- U T