Rajesh Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.51042 of 2018 Arising Out of PS. Case No.-211 Year-2018 Thana- GOVERNMENT OFFICIAL COMP. District- Gaya ====================================================== Rajesh Kumar Son of Late Kameshwar Ray Resident of Village - Virat Nagar, Aurangabad Nagar, P.S. - Aurangabad, District Aurangabad. ... ... Petitioner/s
Versus
The State of Bihar.
... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Sunil Kumar Yadav For the Opposite Party/s :
Mr. Satyadev Prasad Singh Yadav ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 20-08-2018 Heard learned counsel for the petitioner and learned APP for the State.
The petitioner seeks bail in connection with Excise Case no. 211 of 2018 registered for the offence punishable under Sections 30(a) of the Bihar Prohibition and Excise Act, 2016.
52 lts. of country made liquor is said to have been recovered from beneath the seat of the petitioner kept in three bags in Jai Mangal bus and he was apprehended. 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 with the seized liquor. He has been falsely implicated in this case by
Patna High Court Cr.Misc. No.51042 of 2018(2) dt.20-08-2018 2/2 the personnel of Excise Department merely on suspicion while he was travelling by the said bus and the aforesaid liquor was recovered from beneath the seat of the petitioner. He had no knowledge of keeping of liquor beneath his seat. He has no criminal antecedent. He has been languishing in custody since 19.06.2018.
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 Special Judge, Excise Act, Gaya in connection with Excise Case no. 211 of 2018.
(Prakash Chandra Jaiswal, J) rohit/- U T