Rakesh Ranjan @ Mahesh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.48575 of 2018 Arising Out of PS.Case No. -158 Year- 2018 Thana -NAUBATPUR District- PATNA ======================================================

1. Rakesh Ranjan @ Mahesh S/o Subhash Sharma, @ Subhash Singh R/o Vill.- Chhoti Taigraila, P.S.- Naubatpur, District- Patna. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Akhauri Kamal Kishore Sahay For the Opposite Party/s : Mr. Sanjay Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 08-08-2018 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 Sections 30 (a) and 41 (i) of the Bihar Prohibition and Excise Act, 2016.

1.5 liters of foreign liquor is said to have been recovered from the Maruti Suzuki Car of the petitioner and the petitioner and co-accused Ajnish Kumar 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 this case at the instance of his enemy. He happens to be driver of the said vehicle.

Patna High Court Cr.Misc. No.48575 of 2018 (02) dt.08-08-2018 - 2 - He had no knowledge of keeping of the said liquor by its commuter in the car who managed to escape seeing the police party. Though one case under the Excise Act has been lodged against him but he is on bail in the said case. He has been languishing in custody since 07.06.2018.

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 Special Case No. 3448 of 2018 (arising out of Naubatpur P.S. Case No. 35 of 2018.) (Prakash Chandra Jaiswal, J) Trivedi/- U T