Ganesh Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.12314 of 2019 Arising Out of PS. Case No.-7 Year-2018 Thana- GOVERNMENT OFFICIAL COMP. District- Begusarai ====================================================== Ganesh Rai, aged about 45 years, male, Son of Late Rameshwar Rai, Resident of Village- Chakiya, Ward No.5, P.S.- Chakiya (Barauni), District- Begusarai. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ram Sumiran Rai For the Opposite Party/s :

Mr. Kumar Ranjit Ranjan ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 28-02-2019 Heard leaned counsel for the petitioner and learned APP for the State.

The petitioner is languishing in custody since 24.12.2018 in a case registered for the offence punishable under Section 30(a) of Bihar Prohibition and Excise Act, 2016. The prosecution case is that from the possession of the petitioner 3 litre 325 ml of I.M.F.L.(Indian made foreign liquor) and country made liquor were recovered. It is submitted by learned counsel for the petitioner that the petitioner has been falsely been implicated in the present case. A statement has been made in paragraph no. 3 of the petition that the petitioner is not having any criminal antecedent.

Patna High Court CR. MISC. No.12314 of 2019(2) dt.28-02-2019 2/2 Learned APP for the State submits that recovery has been made from the conscious physical possession of the petitioner.

Considering the quantity of recovery and period under custody, let the above named petitioner 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 A.D.J.-II, Begusarai-cum-Special Judge, Excise Act, Begusarai in connection with Case No.7C2 of 2018. (Dinesh Kumar Singh, J) Deepak/Rahul/- U T