Pujan Rajbhar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.7778 of 2018 Arising Out of PS.Case No. -386 Year- 2017 Thana -MAIRWA District- SIWAN ======================================================

1. Pujan Rajbhar, Son of Vidyanath Rajbhar, resident of VillageLaxmipur, P.S.- Mairwa, District- Siwan. .... .... Petitioner

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Nagendra Upadhyay For the Opposite Party/s : Mr. Amit Kumar Rakesh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 13-02-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in connection with Mairwa P.S. Case No.386/2017 registered under Sections 272, 273 of Indian Penal Code and Sections 30A, 37B, 38(i) and 41(i) of Bihar Prohibition and Excise Act, 2016.

Four liters of country made liquor is said to have been recovered from the motorcycle of the petitioner and the petitioner 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 petitioner has been falsely implicated in this case. Though one more case under the

Patna High Court Cr.Misc. No.7778 of 2018 (2) dt.13-02-2018 2/2 Excise Act was lodged against the petitioner but he is on bail in the said case. The petitioner has been languishing in custody since 20.10.2017.

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 2nd Additional Sessions Judge-cum Special Court, Siwan, in connection with Mairwa P.S. Case No.386/2017.

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