Nitesh Ram @ Nitish Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.46130 of 2018 Arising Out of PS. Case No.-131 Year-2018 Thana- KIUL RAIL P.S. District- Lakhisarai ====================================================== Nitesh Ram @ Nitish Ram S/o Jiten Ram Chandravanshi, R/o Vill.- Potorapur Barh, P.S.- Barh, Distt.- Patna.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Jainendra Kumar For the Opposite Party/s :

Mr. Sanjay Kumar Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 30-07-2018 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner seeks bail in connection with G.R.P. Kiul P.S. Case no. 131 of 2018 registered under Sections 30(a), 38(1) of Bihar Prohibition and Excise Act-2016.

43.600 lts. of country made liquor is said to have been recovered from beneath the seat of the petitioner in the train. 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 happens to be commuter of the said train and was travelling in it without any knowledge of keeping of liquor in the bag beneath his seat. He has been falsely

Patna High Court Cr.Misc. No.46130 of 2018(2) dt.30-07-2018 2/2 implicated in this case by the personnel of G.R.P. as he failed to cough up their demand of graft. He has no criminal antecedent. He has been languishing in custody since 19.06.2018. 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 Addl. District & Sessions Judge-II-cum-Special Judge, Lakhisarai in connection with G.R.P. Kiul P.S. Case no. 131 of 2018.

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