Radha Mohan Rai v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.20005 of 2018 Arising Out of PS.Case No. -54 Year- 2018 Thana -GHORASAHAN DistrictEASTCHAMPARAN(MOTIHARI) ======================================================
1. Radha Mohan Rai S/o Shivdayal Rai, R/o village- Baswariya, P.S.- Ghorasahan, District- East Champaran.
.... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Umesh Chandra Verma, Adv. For the Opposite Party/s : Mr. Arun Kumar Singh -5, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 11-04-2018 Heard learned counsel for the petitioner and learned APP for the State.
The petitioner seeks bail in Ghorasahan P.S. Case No.54 of 2018 registered under Sections 272, 273 & 414 of the Indian Penal Code and Section 30 (a) of the Bihar Prohibition and Excise Act, 2016.
138 liters of Nepali liquor is said to have been recovered from the motorcycle 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. As a matter of fact, some miscreants fled away keeping the aforesaid liquor in the
Patna High Court Cr.Misc. No.20005 of 2018 (02) dt.11-04-2018 2/ 2 bag on the road. He has been falsely implicated in this case merely on suspicion while he was passing through the road by that time. He has no concern with the seized liquor. The chargesheet in the case has already been submitted. He has no criminal antecedent. He has been languishing in custody since 08.02.2018. 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 4th Additional Sessions Judge-cum-Special Judge Excise, East Champaran at Motihari in connection with Ghorasahan P.S. Case No.54 of 2018. (Prakash Chandra Jaiswal, J.) Trivedi/- U T