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Patna High CourtCR. MISC./7099/2018bail granted

Rahul Kumar v. The State Of Bihar

2018-02-12Mr. Justice Prakash Chandra Jaiswal2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.7099 of 2018 Arising Out of PS.Case No. -164 Year- 2017 Thana -DIDARGANJ District- PATNA ======================================================

1. Rahul Kumar, Son of Jitendra Singh @ Nepali Singh, resident of Address- 6/D, Sadhanapuri, P.S.- Gardanibagh, P.O.- Anishabad, DistrictPatna. .... .... Petitioner

Versus

1. The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Jagjit Roshan For the Opposite Party/s : Smt. Veena Rani Prasadd. ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 12-02-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in connection with Didarganj P.S. Case No.164/2017/Special Case No.6868 of 2017 registered under Section 30(a)/36 of Bihar Prohibition and Excise Act, 2016. 90 liters of foreign liquor is said to have been recovered from the Indigo car and the petitioner sitting in the said vehicle, was apprehended.

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 driver of the vehicle was friend of petitioner and he was travelling in the said vehicle on the

Patna High Court Cr.Misc. No.7099 of 2018 (2) dt.12-02-2018 2/2 lift given by its driver and had no knowledge of the liquor, kept in the dickey of vehicle. The other co-accused namely Vikash Kumar has been granted bail by co-ordinate Bench of this court in Cr. Misc. No. 62308 of 2017 vide order dated 11.01.2018. He has been languishing in custody since 10.10.2017. 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 Special Judge, Excise, Patna, in connection with Didarganj P.S. Case No.164/2017/Special Case No. 6868 of 2017.

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