Patna High CourtCR. MISC./24166/2018bail granted

Mukesh Rajwanshi And ORS v. The State Of Bihar

2018-04-30Mr. Justice Prakash Chandra Jaiswal2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.24166 of 2018 Arising Out of PS.Case No. -58 Year- 2018 Thana -RAJAULI District- NAWADA ======================================================

1. Mukesh Rajwanshi, Son of Uma Rajwanshi,

2. Bhola Rajwanshi, Son of Naresh Rajwanshi,

3. Chunnu Rajwanshi, Son of Bhola Rajwanshi,

4. Rampravesh Rajwanshi, Son of Maheshwari Rajwanshi,

5. Rahul Rajwanshi, Son of Naresh Rajwanshi,

6. Rajo Rajwanshi, Son of Late Lakhan Rajwanshi, All resident of VillageNew Singar, Hardiya, P.S.- Rajauli, District- Nawada. .... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance:

For the Petitioner/s : Mr. Rajeev Nayan For the Opposite Party/s : Mr. Arun Kumar Singh -5 ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 30-04-2018 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners seek bail in a case registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

420 litres of country made liquor is said to have been recovered from the plastic gallon and the petitioners were apprehended in course of escaping from the place of occurrence. It is submitted by learned counsel for the petitioners that no incriminating article has been recovered from the conscious physical possession of the petitioners. They have no

Patna High Court Cr.Misc. No.24166 of 2018 (2) dt.30-04-2018 2/2 concern either with the seized liquor or with the place of recovery. They have been falsely implicated in the case by the police merely on suspicion while they were passing through the place of occurrence at the time of occurrence. They have no criminal antecedent. They have been languishing in custody since 25.02.2018.

Considering the facts aforesaid, the above named petitioners are directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of the learned A.D.J.-II cum Special Judge, Nawada in connection with Rajauli P.S. Case No. 58 of 2018.

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