Raj Kumar @ Raj Babu Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.46283 of 2018 Arising Out of PS. Case No.-58 Year-2017 Thana- PATNA CITY CHOWK District- Patna ====================================================== Raj Kumar @ Raj Babu Rai, S/o Vijay Rai, R/o Quilaghat, Kaimasikoh (Kauakhoh) P.S. Chowk, Distt-Patna.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Nityanand Kumar For the Opposite Party/s :

Mr. Mithilesh Kumar Khare ====================================================== 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 Chowk P.S. Case no. 58 of 2017 registered under Sections 272, 273 and 224 of I.P.C. and Sections 30(a), 33, 34, 36, 38, 41 of Bihar Prohibition and Excise Act-2016.

16.940 lts. of foreign liquor is said to have been recovered from boat of the petitioner and he managed to escape. 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 with the seized liquor. He has been falsely implicated in this case by the police at the instance of his enemy by planting the aforesaid

Patna High Court Cr.Misc. No.46283 of 2018(2) dt.31-07-2018 2/2 recovery from his boat. He was not apprehended on the spot. He has no criminal antecedent. He has been languishing in custody since 15.05.2018.

In the facts and circumstances of the case, 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, Excise, Patna in connection with Chowk P.S. Case no. 58 of 2017.

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