Rajendra Singh @ Rajendra Singh Bhogata v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.42084 of 2018 Arising Out of PS. Case No.-271 Year-2017 Thana- AMAS District- Gaya ====================================================== Rajendra Singh @ Rajendra Singh Bhogata, S/o Hussaini Singh, R/o VillSukaradih, P.S. Amas, Distt-Gaya. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Anil Kumar Saxena For the Opposite Party/s :

Smt. Madhuri Lata ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 12-07-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in connection with Amas P.S. Case No. 271 of 2017 registered under Sections 272, 273, 34 of I.P.C. and Section 30(a) of the Bihar Prohibition and Excise Act 2016.

30 lts. of country made liquor, 20 Kg. jaggery and utensils are said to have been recovered from brewing place of the petitioner located on the bank of the river and petitioner along with four other accused persons managed to escape while eight accused were apprehended.

It is submitted by learned counsel for the petitioner that no incriminating article has been recovered from conscious

Patna High Court Cr.Misc. No.42084 of 2018(2) dt.12-07-2018 2/2 physical possession of the petitioner. He has no concern either with the seized article or with the place of recovery or with any trade of liquor. He was not apprehended on the spot. He has been falsely implicated in this case by the apprehended accused persons due to animosity. Barring the aforesaid disclosure, there is nothing in the record indicating the complicity of the petitioner in the occurrence. He has been languishing in custody since 08.06.2018.

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 the learned Special Judge, Excise Act, Gaya in connection with Amas P.S. Case No. 271 of 2017.

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