Brij Kishor Raut v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.16309 of 2018 Arising Out of PS.Case No. -170 Year- 2017 Thana -DUMRIAGHAT DistrictEASTCHAMPARAN(MOTIHARI) ======================================================

1. Brij Kishor Raut, Son of Ram Prit Raut, Resident of Village- Maivi wrongly mentioned in the FIR as Village- Maigi, P.S.- Bathnaha, DistrictSitamarhi. .... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Birendra Kumar For the Opposite Party/s : Dr. Indiwar Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 21-03-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in Dumariya Ghat P.S. Case No. 170 of 2017 registered under Section 272, 273/34 IPC and Section 30 (a) of the Bihar Prohibition and Excise Act, 2016. 121.17 liters of foreign liquor is said to have been recovered from the Hyundi City Car and its driver, namely, Satrudhan Raut and another person sitting in the car, namely, Brij Kishor Raut (petitioner) were 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 been

Patna High Court Cr.Misc. No.16309 of 2018 (02) dt.21-03-2018 2/ 2 falsely implicated in this case. The petitioner neither happens to be driver nor the owner of the said car rather a simple commuter of the same. He had no knowledge of keeping the said liquor in the vehicle. He has no criminal antecedent. He has been languishing in custody since 01.01.2018.

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 Special Judge Excise, East Champaran at Motihari in connection with Dumariya Ghat P.S. Case No.170 of 2017.

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