Patna High CourtCR. MISC./38215/2018bail granted

Rakesh Kumar v. The State Of Bihar

2018-07-23Mr. Justice Prakash Chandra Jaiswal2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.38215 of 2018 Arising Out of PS.Case No. -18 Year- 2018 Thana -BHAGALPUR RAIL P.S. DistrictBHAGALPUR ====================================================== Rakesh Kumar, Son of Kailash Mandal, Resident of Village- Kalyanpur Bangali Tola Ward No.9, P.S.- Bariyarpur, District- Munger. .... .... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s : Mr. Indeshwari Prasad Mandal For the Opposite Party/s : Mr. Anish Chandra ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 23-07-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

17 litres of country made liquor is said to have been recovered from the bag of the petitioner travelling in the train 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. He has no concern with the seized liquor. He has been falsely implicated in the case

Patna High Court Cr.Misc. No.38215 of 2018 (4) dt.23-07-2018 2/2 by the personnel of GRP merely on suspicion while real culprit managed to escape dumping the aforesaid bag containing liquor at the place of occurrence seeing the personnel of GRP. He has no criminal antecedent. He has been languishing in custody since 29.01.2018.

Considering the facts aforesaid, 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, Bhagalpur in connection with Bhagalpur (G.R.P.) P.S. Case No. 18 of 2018.

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