Alok Kumar Ray @ Alok Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.7857 of 2018 Arising Out of PS.Case No. -98 Year- 2017 Thana -RAJAPAKAR District- VAISHALI(HAJIPUR) ======================================================
1. ALOK KUMAR RAY @ ALOK KUMAR Son of Shankar Ray Resident of Village-Gauspur, Bariyarpur, P.S.-Rajapakar, Dist.-Dist.-Vaishali. .... .... Petitioner
Versus
1. The State of Bihar .... .... Opposite Party ====================================================== Appearance :
For the Petitioner/s : Mr. Anil Kumar For the Opposite Party/s : Smt. Veena Kumari Jaiswal ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 13-02-2018 Heard learned counsel for the petitioner and learned APP for the State.
The petitioner seeks bail in connection with Rajapakar P.S. Case No.98/2017 registered under Sections 272, 273 of Indian Penal Code and Sections 30A/38(1)(2) and 45 of Bihar Prohibition and Excise Act, 2016.
350 liters of foreign liquor is said to have been recovered from the pick up van being transported by the petitioner Alok Kumar Ray and co-accused Chanchal Kumar @ Sanchal Kumar, who managed to escape from the vehicle. It is submitted by learned counsel for the petitioner that no incriminating article has been recovered from the conscious physical possession of the petitioner. The petitioner has been
Patna High Court Cr.Misc. No.7857 of 2018 (2) dt.13-02-2018 2/2 falsely implicated in this case. The informant has not given any identity and genuineness of the source of information of transporting the seized liquor by the petitioner. He has no concern with the aforesaid seized liquor. The petitioner has got no criminal antecedent. The other similarly situated co-accused namely Chanchal Kumar has been enlarged on anticipatory bail by coordinate Bench of this court in Cr. Misc. No. 1367 of 2018 vide order dated 10.01.2018. The petitioner has been languishing in custody since 30.12.2017.
In the facts and circumstances of the case, 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 learned 2nd Additional Sessions Judge-cum-Special Judge, Vaishali at Hajipur, in connection with Rajapakar P.S. Case No.98/2017. (Prakash Chandra Jaiswal, J) Amit/- U T