Rajesh Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.19286 of 2018 Arising Out of PS. Case No.-131 Year-2018 Thana- BANKA District- Banka ====================================================== Rajesh Kumar S/o Shuvendu Shekhar Kushwaha @ Shuvendu Mahto, R/o Village- Bariyarpur, P.S.- Pri Bazar, District- Lakhisarai. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Dhananjay Kumar Gupta For the Opposite Party/s :
Mr. Tarkeshwar Nath Thakur ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 24-04-2018 Heard learned counsel for the petitioner and learned APP for the State.
Petitioner is languishing in judicial custody since 18.02.2018 in connection with Banka P.S. Case No. 131 of 2018 for offences punishable under Sections 30(A) of the Bihar Prohibition and Excise Act, 2016.
The prosecution case, as lodged by the police personnel, is that on secret information that two persons in a motorcycle are carrying illicit liquor they were apprehended and from the possession of the petitioner 9 litres of foreign liquor was recovered. Accordingly, a seizure-list was prepared. It has been submitted by the learned counsel for the petitioner that he is innocent, bears no criminal history and nothing has been recovered from his conscious possession, but it
Patna High Court Cr.Misc. No.19286 of 2018(2) dt.24-04-2018 2/2 is only on the high-handedness of the police that he has been made accused in the present case.
However, learned APP for the State opposes the prayer for bail.
Considering the facts and circumstances and the materials on record, let petitioner, above named, 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 Additional Sessions Judge-2nd, Banka, in connection with Banka P.S. Case No. 131 of 2018, subject to the condition that petitioner will cooperate in the investigation/ trial and provide all necessary information, failure of which will entail cancellation of his bail bonds.
(Nilu Agrawal, J) Rajesh/- U T