Patna High CourtCR. MISC./28561/2018bail granted

Kailash Rajak v. The State Of Bihar

2018-05-08Mr. Justice Rakesh Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.28561 of 2018 Arising Out of PS. Case No.-28 Year-2018 Thana- MUZFFARPUR GRP CASE DistrictMuzaffarpur ====================================================== Kailash Rajak S/o Suresh Rajak, R/o Vill.- Bhimdas Tola, P.S.- Rangra, District- Bhagalpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Praveen Kumar For the Opposite Party/s :

Mr. A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 08-05-2018 Heard Sri Praveen Kumar, learned counsel for the petitioner and learned Addl. Public Prosecutor. The sole petitioner having clean antecedent, who is in custody since 21.02.2018 in Rail P.S. Muzaffarpur Case No.28 of 2018 registered for the offence under Section 30(a) of the Bihar Prohibition and Excise Act,2016, has prayed for grant of bail.

It was submitted by learned counsel for the petitioner that from a bogie of the train beneath the berth, a bag was found and from the said bag, Indian Make Foreign liquor was shown to be recovered. It was submitted by learned counsel for the petitioner that the petitioner was a passenger in the train and unaware of any such article, he was moving, but since from beneath the

Patna High Court Cr.Misc. No.28561 of 2018(2) dt.08-05-2018 2/2 berth, recovery of liquor was affected, the petitioner on an assumption as if the petitioner was involved in the case was arrested. Besides this, the petitioner is having clean antecedent. Considering the nature of accusation, clean antecedent and period of custody, let the petitioner, namely,Kailash Rajak be released on bail on furnishing bail bond of Rs.10,000/- ( ten thousand ) with two sureties of the like amount each to the satisfaction of learned Special Judge, Excise, Muzaffarpur in connection with Rail P.S. Muzaffarpur Case No.28 of 2018. (Rakesh Kumar, J) nawalkrs/- U T