Rajesh Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.51787 of 2018 Arising Out of PS.Case No. -321 Year- 2018 Thana -BEGUSARAI MUFFASIL DistrictBEGUSARAI ====================================================== Rajesh Kumar, Son of Narayan Singh @ Ram Narayan Singh, resident of village - Khamhar, P.S.-Muffasil, District - Begusarai. .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance:
For the Petitioner/s : Mr. Shree Niwas Singh For the Opposite Party/s : Mr. Umanath Mishra ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 23-08-2018 Heard learned counsel for the petitioner and learned APP for the State.
Petitioner seeks bail in a case registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.
112.32 litres of foreign liquor is said to have been recovered from the dera of the petitioner meant for keeping buffalo at the indication of the petitioner by apprehending him from his house.
It is submitted by learned counsel for the petitioner that no incriminating article has been recovered from the conscious physical possession of the petitioner. He has no concern either with the seized liquor or any trade of liquor. He has not
Patna High Court Cr.Misc. No.51787 of 2018 (2) dt.23-08-2018 2/2 made disclosure and no incriminating article has been recovered on the basis of his disclosure. He has been falsely implicated in the case by the police by apprehending him from his house. Aforesaid dera from where aforesaid liquor is said to have been recovered is open place and petitioner had no knowledge of keeping of the liquor there. There is violation of Section 100 Cr.P.C. He has been languishing in custody since 10.06.2018.
Considering the facts aforesaid, 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 Addl. Sessions Judge-II cum Special Judge, Begusarai in connection with Muffasil P.S. Case No. 321 of 2018.
(Prakash Chandra Jaiswal, J) Mishra/- U T