Rakesh Patel v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.44833 of 2018 Arising Out of PS. Case No.-191 Year-2018 Thana- GOVERNMENT OFFICIAL COMP. District- East Champaran ====================================================== Rakesh Patel S/o Late Surendra Patel, R/o Vill.- Chamahi, P.S.- Sikarganj, District- East Champaran.

... ... Petitioner/s

Versus

1. The State of Bihar.

2. Darshan Lal Father's name not Known, A.S.I. B-Coy, Kundwa Chaninpur, 20 Bn S.S.B. Sitamarhi, Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Sunil Kumar No.Iii For the Opposite Party/s :

Mr. Akshay Lal Pandit ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 24-07-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in connection with Excise Case no. 191 of 2018 registered under Section 30(a) of Bihar Excise and Prohibition Act-2016.

18 lts. of Nepali Saufi wine is said to have been recovered from bicycle of the petitioner and he was apprehended.

It is submitted by learned counsel for the petitioner that no incriminating article has been recovered from conscious physical possession of the petitioner. He has no concern either with the seized liquor or with the bicycle in question. He has

Patna High Court Cr.Misc. No.44833 of 2018(2) dt.24-07-2018 2/2 been falsely implicated in this case by the personnel of Excise Department while he was passing through the place of occurrence at the time of occurrence and real culprits managed to escape leaving aforesaid liquor laden bicycle seeing them. There is no compliance of 100 Cr.P.C. He has no criminal antecedent. He has been languishing in custody since 26.04.2018.

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 Addl. Sessions Judge-VII-cum-Special Judge, Excise, East Champaran, Motihari in connection with Excise Case no. 191 of 2018.

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