Patna High CourtCR. MISC./9239/2018bail granted

Manohar Rai v. The State Of Bihar

2018-02-17Mr. Justice Prakash Chandra Jaiswal2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.9239 of 2018 Arising Out of PS.Case No. -104 Year- 2016 Thana -BHAGWANPUR DistrictVAISHALI(HAJIPUR) ======================================================

1. Manohar Rai S/o Sobhit Ray, R/o Village- Manganpur, P.S.- Bhagwanpur, Distt.- Vaishali.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Kaushal Kishor For the Opposite Party/s : Mr. Nityanand Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 17-02-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in Bhagwanpur P.S. Case No.104 of 2016 registered under Section 272, 273 and 120-B of the Indian Penal Code and Section 47 (A) and 54 of the Bihar Prohibition and Excise Act, 2016.

60.345 liters of foreign liquor is said to have been recovered from the 'Bathan' 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. The petitioner was not apprehended on the spot. He has been falsely implicated in this

Patna High Court Cr.Misc. No.9239 of 2018 (02) dt.17-02-2018 2/ 2 case. The aforesaid 'Bathan' from where the liquor has been seized is an open place and accessible to anyone. He has no concern with the seized liquor. He has no criminal antecedent. He has been languishing in custody since 16.01.2018. 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 Additional Sessions Judge-II, Vaishali at Hajipur-cum-Special Judge Excise, Vaishali at Hajipur in connection with Bhagwanpur P.S. Case No. 104 of 2017.

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