Rakesh Das v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.51446 of 2018 Arising Out of PS. Case No.-309 Year-2018 Thana- GOVERNMENT OFFICIAL COMP. District- East Champaran ====================================================== Rakesh Das, S/o Laldeo Das, R/o Vill-Pataura Mathiya, P.S.-Muffasil (Motihari), District-East Champaran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Krishna Kant Singh For the State :

Mr. Gauri Shankar Gupta, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 21-08-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in connection with Excise Case no. 309 of 2018 registered for the offence punishable under Section 30 (a) of Bihar Prohibition Excise Act, 2016. 153 lts. of Nepali wine is said to have been recovered from the tempo parked on the door of the petitioner and accused, namely, Ankit Sahani managed to escape from the said place leaving the motorcycle there.

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 either with the seized liquor or with the tempo in question or with any

Patna High Court Cr.Misc. No.51446 of 2018(2) dt.21-08-2018 2/2 trade of liquor. He has been falsely implicated in this case by the personnel of Excise Department merely because the aforesaid tempo was parked at his door while the real culprits managed to escape seeing the personnel of Excise Department. He has no criminal antecedent. He has been languishing in custody since 07.07.2018.

In the facts and circumstances of the case, the above named petitioner is directed to be enlarged on bail on furnishing bail bonds of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge-VII-cum-Special Judge, Excise, East Champaran, Motihari in connection with Excise Case no. 309 of 2018.

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