Patna High CourtCR. MISC./44373/2018bail granted

Rajnish 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.44373 of 2018 Arising Out of PS. Case No.-226 Year-2018 Thana- GOVERNMENT OFFICIAL COMP. District- Gaya ====================================================== Rajnish Kumar S/o Shri Ajay Kumar Singh, R/o Mohalla- Chankaya Colony, Hajipur, P.S.- Sadar Hajipur, District- Viashali. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Amod Kumar Singh For the Opposite Party/s :

Smt Indu Kumari Srivastava ====================================================== 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 connection with Excise Case no. 226 of 2018 registered under Section 30(a) of Bihar Excise and Prohibition Act-2016.

75 lts. of foreign liquor is said to have been recovered from dickey of Xcent car and petitioner, who happens to be its driver 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 with the seized liquor. He has been falsely implicated in this case by the police personnel merely due to some altercation between

Patna High Court Cr.Misc. No.44373 of 2018(2) dt.23-07-2018 2/2 them over not displaying of the original documents of vehicle in question. There is no compliance of Section 100 Cr.P.C. Petitioner has no criminal antecedent. He has been languishing in custody since 30.06.2018.

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 (Excise), Gaya in connection with Excise Case no. 226 of 2018.

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