Patna High CourtCR. MISC./53317/2018bail granted

Tarun Kumar Rathore v. The State Of Bihar

2018-08-29Mr. Justice Prakash Chandra Jaiswal2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.53317 of 2018 Arising Out of PS.Case No. -441 Year- 2017 Thana -BARBIGHA District- SEKHPURA ====================================================== Tarun Kumar Rathore, S/o. Amar Singh, R/o. Village- Sherpar, P.S. Barbigha, District- Sheikhpura.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Dr. Anjani Pd. Singh For the Opposite Party/s : Mr. Ashok Kumar ====================================================== 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 a case registered for the offence punishable under Sections 272, 420,353 and 188 of the Indian Penal Code and Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

335 litres of foreign liquor is said to have been recovered from the community hall said to be brought there by the petitioner and six other accused persons.

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 place of recovery or any trade of liquor. He has been falsely implicated in the case at the

Patna High Court Cr.Misc. No.53317 of 2018 (2) dt.29-08-2018 2/2 instance of his enemy. He was not apprehended on the spot. There is violation of Section 100 Cr.P.C. He has been languishing in custody since 01.08.2018.

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 1st Additional District and Sessions Judge, Sheikhpura in connection with Barbigha P.S. Case No. 441 of 2017.

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