Patna High CourtCR. MISC./51698/2018bail granted

Rajesh Kumar v. The State Of Bihar

2018-08-23Mr. Justice Prakash Chandra Jaiswal2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.51698 of 2018 Arising Out of PS. Case No.-61 Year-2018 Thana- DANAPUR RAIL P.S. District- Patna ====================================================== Rajesh Kumar, S/o Late Suresh Paswan, R/o Mohalla-R.Block Chouraha, P.S. Sachiwalay, Distt-Patna.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Manish Kumar No-2 For the Opposite Party/s :

Smt. Sharda Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 23-08-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in connection with Rail Danapur P.S. Case no. 61 of 2018 registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

18 lts. of foreign liquor is said to have been recovered from possession 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 has been falsely implicated in this case by the personnel of G.R.P. due to some altercation between them

Patna High Court Cr.Misc. No.51698 of 2018(2) dt.23-08-2018 2/2 over not coughing demand of graft by the petitioner. There is no compliance of Section 100 Cr.P.C. Though, one more case under Excise Act has been lodged against the petitioner, but he is on bail in the said case. He has been languishing in custody since 10.07.2018.

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 Special Judge, Excise Act, Patna in connection with Rail Danapur P.S. Case no. 61 of 2018.

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