Patna High CourtCR. MISC./51541/2018bail granted

Raja Kumar @ Bipul Kumar v. The State Of Bihar

2018-08-23Mr. Justice Prakash Chandra Jaiswal2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.51541 of 2018 Arising Out of PS.Case No. -313 Year- 2018 Thana -BARAUNI District- BEGUSARAI ====================================================== Raja Kumar @ Bipul Kumar, S/o. Ram Shresth Singh, R/o. Village- Bihat - Tola- Gurdash Pur, P.S.- Barauni, District- Begusarai. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Shubhesh Pandey For the Opposite Party/s : Mr. Mukeshwar Dayal ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 23-08-2018 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 Sections 272 and 273 of the Indian Penal Code and Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

8.640 litres of foreign liquor is said to have been recovered from the carton kept on the motorcycle of the petitioner and petitioner was apprehended.

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 with the seized liquor. He has been falsely implicated in the case at the instance of his enemy by planting aforesaid recovery from

Patna High Court Cr.Misc. No.51541 of 2018 (2) dt.23-08-2018 2/2 his possession. There is violation of Section 100 Cr.P.C. He has no criminal antecedent. He has been languishing in custody since 13.07.2018.

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 Additional Sessions judge-II cum Special Judge, Excise Act, Begusarai in connection with Barauni P.S. Case No. 313 of 2018.

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