Rahul Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.53135 of 2018 Arising Out of PS. Case No.-49 Year-2018 Thana- SATHI District- West Champaran ====================================================== Rahul Kumar, S/o Gauri Shankar Mahto, R/o Vill-Dhokraha, P.S. Majhaulia, Distt-West Champaran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sanjeev Kumar For the Opposite Party/s :

Smt. Nirmala Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 29-08-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in connection with Sathi P.S. Case no. 49 of 2018 registered for the offence punishable under Sections 272, 273/34 of I.P.C. and Section 30(a) of Bihar Excise and Prohibition Act-2016.

10 lts. of country made liquor is said to have been recovered from possession of the petitioner.

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 at the instance of his enemy by planting the aforesaid recovery

Patna High Court Cr.Misc. No.53135 of 2018(2) dt.29-08-2018 2/2 from his possession. He has no criminal antecedent. He has been languishing in custody since 23.03.2018. In the facts and circumstances of the case, the above named petitioners are directed to be enlarged on bail on furnishing bail bonds of Rs. 10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Special Judge, Excise Act, Bettiah, West Champaran in connection with Sathi P.S. Case no. 49 of 2018. (Prakash Chandra Jaiswal, J) rohit/- U T