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Patna High CourtCR. MISC./49072/2018bail granted

Rajesh Kumar Prasad v. The State Of Bihar

2018-08-10Mr. Justice Prakash Chandra Jaiswal2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.49072 of 2018 Arising Out of PS.Case No. -662 Year- 2018 Thana -BIHTA District- PATNA ====================================================== Rajesh Kumar Prasad Son of Sakaldev Sao Resident of Vill. - Devkuli, P.S. Bihta, District - Patna.

.... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Priyank Deepak For the Opposite Party/s : Mr. Sanjay Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 10-08-2018 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner seeks bail in a case registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

5 litres of country made liquor and a drum fixed with brewing machine are said to have been recovered from the room of the petitioner and the petitioner was 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 either with the seized article or any activity of brewing liquor. He has been falsely implicated in the case at the instance of his

Patna High Court Cr.Misc. No.49072 of 2018 (2) dt.10-08-2018 2/2 enemies. Aforesaid room is in occupation of his several family members and he had no knowledge of keeping of the aforesaid article there. He has no criminal antecedent. He has been languishing in custody since 20.06.2018.

Considering the facts aforesaid, 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 Bihta P.S. Case No. 662 of 2018.

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