Ranjai Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.46856 of 2018 Arising Out of PS.Case No. -129 Year- 2018 Thana -SIWAN MUFFASIL District- SIWAN ====================================================== Ranjai Kumar, S/o. Hardiya Nand Singh, R/o. Mohalla- Naya Tola, Pachaura, P.S.- Dhanauti, district- siwan.
.... .... 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. Mukeshwar Dayal (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 01-08-2018 Heard learned counsel for the petitioner and learned APP for the State.
On the request of learned counsel for the petitioner, he is permitted to correct data regarding custody in the bail petition. The petitioner seeks bail in a case registered for the offence punishable under Sections 272 & 273 of the Indian Penal Code and Sections 30 (a), 38(1) and 41 of the Bihar Prohibition and Excise Act, 2016.
86.400 liters of foreign liquor is said to have been recovered from the motorcycle and petitioner and one another accused, namely, Prashant Kumar sitting on the said motorcycle were apprehended.
It is submitted by learned counsel for the petitioner that no incriminating article has been recovered from the conscious
Patna High Court Cr.Misc. No.46856 of 2018 (2) dt.01-08-2018 physical possession of the petitioner. He has no concern either with the seized liquor or the motorcycle in question. As per prosecution case aforesaid liquor was recovered from the motorcycle but as per seizure list it was recovered from the ditch located towards East of the Hanuman Mandir, Village Kararua which creats serious doubt about prosecution case. He has been falsely implicated in this case by the police merely on suspicion while he was going on the motorcycle through the place of occurrence at the time of occurrence while the real culprit managed to escape dumping the aforesaid liquor there seeing the police party. He has no criminal antecedent and has been languishing in custody since 16.03.2018.
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 2nd Additional Sessions Judge-cum-Special Judge, Siwan in connection with Siwan Muffasil P.S. Case No. 129 of 2018.
(Prakash Chandra Jaiswal, J) Kr. Uday/- U T