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Patna High CourtCR. MISC./31202/2018bail granted

Rajesh Chaudhary v. The State Of Bihar

2018-05-21Mr. Justice Prakash Chandra Jaiswal2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.31202 of 2018 Arising Out of PS.Case No. -215 Year- 2018 Thana -ARA NAGAR District- BHOJPUR ====================================================== Rajesh Chaudhary S/o Kashinath Chaudhary Resident of Vill. - Sarangpur, P.S. - Ara Muffasil, Dist - Bhojpur.

.... .... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s : Mr. Rajani Ranjan Pd. Singh For the Opposite Party/s : Mr. Kalyan Shankar ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 21-05-2018 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 30(a) and 36 of the Bihar Prohibition and Excise Act, 2016.

100 litres of country made liquor is said to have been recovered from the possession of the petitioner. 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 been falsely implicated in the case. He was simply carrying the gunny bag on the instruction of Govardhan Bind on payment of paltry amount for transporting the same without knowing the contents of

Patna High Court Cr.Misc. No.31202 of 2018 (2) dt.21-05-2018 2/2 the gunny bag. He has no criminal antecedent. He has been languishing in custody since 14.04.2018.

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 A.D.J-IV (Special Judge), Bhojpur at Ara in connection with Excise Case No. 672 of 2018.

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