Baidyanath Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.8552 of 2018 Arising Out of PS. Case No.-433 Year-2017 Thana- GOVERNMENT OFFICIAL COMP. District- Muzaffarpur ====================================================== Baidyanath Rai, son of Late Fakira Rai, Resident of Village- Paranti Unsar, P.S.- Bochahan, District- Muzaffarpur, Bihar. ... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr. Sanjay Kumar Singh For the Opposite Party/s :

Smt. Veena Kumari Jaiswal ====================================================== 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 connection with Excise Case no. 433 of 2017 registered under Sections 30(a), 32(2) and 38 of the Bihar Excise and Prohibition Act 2016.

189 lts. of foreign liquor is said to have been recovered from the Dalan of the petitioner and petitioner was apprehended while co-accused namely, Indrajit Kumar managed to escape. It is submitted by learned counsel for the petitioner that no incriminating article has been recovered from his conscious physical possession rather the liquor was recovered from the open Dalan which is accessible to all. He has no concern with the seized liquor. He has no criminal antecedent. He has been

Patna High Court Cr.Misc. No.8552 of 2018(2) dt.17-02-2018 2/2 languishing in custody since 26.11.2017.

In the facts and circumstances of the case, the above named petitioner is directed to be enlarged on bail on furnishing bail bonds of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Special Judge Excise, Muzaffarpur, Bihar in connection with Excise Case no. 433 of 2017.

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