Patna High CourtCR. MISC./50496/2018bail granted

Raushan @ Raja @ Raushan Kumar v. The State Of Bihar

2018-08-16Mr. Justice Prakash Chandra Jaiswal2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.50496 of 2018 Arising Out of PS.Case No. -414 Year- 2018 Thana -AGAMKUAN District- PATNA ====================================================== Raushan @ Raja @ Raushan Kumar, S/o. Rajendra Prasad, R/o. Palatpur, P.S.- Katrisarai, District- Nalanda.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Neerad Parashar For the Opposite Party/s : Mr. Sunil Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 16-08-2018 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 Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

31.375 litres of foreign liquor is said to have been recovered from the dickey of the Maruti Car and petitioner was apprehended from the side of the aforesaid car. 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 liquor or with the car in question. He has been falsely implicated in this case by the police merely on suspicion while he was passing through the place of occurrence at

Patna High Court Cr.Misc. No.50496 of 2018 (2) dt.16-08-2018 2/2 the time of occurrence while the real culprit managed to escape dumping the aforesaid liquor laden car there seeing the police personnel. Though one more criminal case under the Excise Act has been lodged against the petitioner, but he is on bail in the aforesaid case. He has been languishing in custody since 13.06.2018.

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 Court of Special Judge, Excise Act, Patna in connection with Agamkuan P.S. Case No. 414 of 2018.

(Prakash Chandra Jaiswal, J) Kr. Uday/- U T