Rasu @ Rassu Vakhu v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.44687 of 2018 Arising Out of PS.Case No. -705 Year- 2017 Thana -KOTWALI District- PATNA ======================================================
1. Rasu @ Rassu Vakhu Son of Late Rukhi Mian resident of Mohalla - Kamala Nehru Nagar, Police Station - Kotwali, District - Patna. .... .... Petitioner/s
Versus
1. The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Achintya Anand For the Opposite Party/s : Mr. Satyadev Prasad Singh Yadav ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 24-07-2018 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 30 (a) (g), 32 (2), 37(b), 41(1) and 56(c) of the Bihar Prohibition and Excise Act, 2016. 60 liters of country made liquor is said to have been recovered from the Hyundai car and two persons sitting in the said car, namely, Dharmendra Kumar and Mithun Kumar were apprehended. The apprehended accused disclosed the name of the petitioner involved in the occurrence who had gone to search the place for unloading the said liquor.
It is submitted by learned counsel for the petitioner that no incriminating article has been recovered from the conscious
Patna High Court Cr.Misc. No.44687 of 2018 (2) dt.24-07-2018 physical possession of the petitioner. He has no concern either with the seized liquor or the said vehicle or any trade of liquor. He has been falsely implicated in this case by the apprehended accused persons due to animosity barring their disclosure there is nothing on record indicating the complicity of the petitioner in the occurrence. He was not apprehended on the spot. He has been languishing in custody since 27.04.2018.
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 the learned Special Judge Excise, Patna in connection with Kotwali P.S. Case No. 705 of 2017.
(Prakash Chandra Jaiswal, J) Trivedi/- U T