Raushan Kumar @ Raushan Thakur v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.20396 of 2018 Arising Out of PS. Case No.-32 Year-2018 Thana- KATRA District- Muzaffarpur ====================================================== Raushan Kumar @ Raushan Thakur S/o Lalan Thakur @ Lalan Kumar Thakur, R/o Village- Bishanpur, P.S.- Katra, District- Muzaffarpur. ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Pushpendra Kumar Singh For the Opposite Party/s :

Mr. Shyam Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 11-04-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in connection with Katra P.S. Case no. 32 of 2018 registered under Sections 272, 273 of the Indian Penal Code and Sections 30(A), 36, 38 of Bihar Prohibition & Excise Act-2016.

52.500 lts. of foreign liquor is said to have been recovered from the road falling from the tempo which met an accident and the petitioner who happens to be driver of the said tempo was apprehended.

It is submitted by learned counsel for the petitioner that no incriminating article has been recovered from his conscious physical possession. He has been falsely implicated in

Patna High Court Cr.Misc. No.20396 of 2018(2) dt.11-04-2018 2/2 the case at the instance of his enemy. He happens to be driver of the said tempo which was punctured due to some pieces of glass broken on the road and the said liquor was not fallen from the said tempo rather was lying there from before dumped by some unknown miscreants. He has no criminal antecedent. He has been languishing in custody since 21.02.2018. 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 A.D.J. II-cum-Special Judge, Excise Act, Muzaffarpur in connection with Katra P.S. Case no. 32 of 2018. (Prakash Chandra Jaiswal, J) rohit/- U T