Rahul Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.53996 of 2018 Arising Out of PS.Case No. -144 Year- 2018 Thana -BAHADURPUR District- DARBHANGA ====================================================== Rahul Singh, Son of Sadanand Singh, Resident of Vill/Mohalla- Khaira, P.S.- Bahadurpur, (Pator O.P.), District- Darbhanga. .... .... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s : Mr. Raj Shekhar For the Opposite Party/s : Smt. Renuka Ratnakar ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 31-08-2018 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.

158.12 litres of foreign liquor is said to have been recovered from the orchard of Fulo Singh which is said to have been kept there by the petitioner and other accused persons who managed to escape.

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 either with the seized liquor or with the place of recovery or any

Patna High Court Cr.Misc. No.53996 of 2018 (2) dt.31-08-2018 2/2 trade of liquor. The place of recovery is open place and easily accessible to anyone. He was not apprehended on the spot. The identity and genuineness of the sources of information has not been mentioned in the self statement of the informant. He has been falsely implicated in the case. He has no criminal antecedent. He has been languishing in custody since 03.08.2018. Similarly situated co-accused, namely, Ashu Ranjhan Singh @ Musaharwa and Dilip Sah have been enlarged on bail by this court vide order dated 24.07.2018 and 18.07.2018 passed in Cr. Misc. No. 44532 of 2018 and 43306 of 2018 respectively.

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 Additional Sessions Judge 4th cum Special Judge, Excise, Darbhanga in connection with Bahadurpur P.S. Case No. 144 of 2018 corresponding G.O. Case No. 345 of 2018.

(Prakash Chandra Jaiswal, J) Kr. Uday/- U T