Rajnish Kumar Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.27115 of 2018 Arising Out of PS.Case No. -69 Year- 2018 Thana -GARDANIBAGH District- PATNA ======================================================
1. Rajnish Kumar Singh, aged about 22 Years, S/o Late Nagendra Singh, R/o Fakuli, P.S. & P.O.- Muffasil, District- Chhapra, at present address Gosai Tola, renter of Baki Rai, P.S. & P.O.- Sri Krishna Puri Park, DistrictPatna. .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Sayed Imran Ghani For the Opposite Party/s : Mr. Madan Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 03-05-2018 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 Sections 272 & 273 of the Indian Penal Code and Section 30 (1) & 38 (1) (11) of the Bihar Prohibition and Excise Act, 2016.
34 liters of foreign liquor is said to have been recovered from the dicky of the car and the petitioner, who happens to be driver of the car, was apprehended while three other persons sitting in the car managed to escape. It is submitted by learned counsel for the petitioner that no incriminating article has been recovered from the
Patna High Court Cr.Misc. No.27115 of 2018 (02) dt.03-05-2018 2/ 2 conscious physical possession of the petitioner. He happens to be driver of the said car and the police falsely implicated him due to some altercation with him while the main culprit managed to escape from the car. He has no criminal antecedent and has been languishing in custody since 01.03.2018.
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, Special Court Excise, Patna in connection with Special Case No.1894 of 2018, arising out of Gardanibagh P.S. Case No.69 of 2018.
(Prakash Chandra Jaiswal, J) Trivedi/- U T