Rajnish Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.19478 of 2018 Arising Out of PS. Case No.-155 Year-2017 Thana- TELHARA District- Nalanda ====================================================== Rajnish Kumar S/o Rajesh Pandey, R/o Village- Mandaksh, P.S.- Telhara, District- Nalanda.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Bharat Lal For the Opposite Party/s :

Mr. Akbar Ali ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 27-04-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in connection with Telhara P.S. Case no. 155 of 2017 registered under Sections 30(a), 30(d), 37(a) of Bihar Prohibition & Excise Act-2016. 107 lts. of foreign liquor is said to have been recovered from the toilet of Sant Kabir High School, Mandaksh and one accused namely, Vijay Kumar was apprehended while other accused managed to escape. The apprehended accused disclosed the name of the petitioner as his fleeing accomplice. 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 either

Patna High Court Cr.Misc. No.19478 of 2018(2) dt.27-04-2018 2/2 with the seized liquor or with the place of recovery. He has been falsely implicated in the case by said Vijay Kumar due to animosity. He has no criminal antecedent. He has been languishing in custody since 09.02.2018. Co-accused Vijay Kumar has been enlarged on bail by a co-ordinate Bench of this Court vide order dated 1.02.2018 passed in Cr. Misc. no. 5921 of 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 6th Addl. Session Judge-cum-Special Judge, Excise, Nalanda at Bihar Sharif in connection with Telhara P.S. Case no. 155 of 2017 .

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