Patna High CourtCR. MISC./31477/2018bail granted

Chandeshwar Rai v. The State Of Bihar

2018-05-22Mr. Justice Prakash Chandra Jaiswal2 pages

Patna High Court Cr.Misc. No.31477 of 2018 (02) dt.22-05-2018

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.31477 of 2018 Arising Out of PS. Case No. -16 Year- 2017 Thana -BIDUPUR District- VAISHALI(HAJIPUR) ======================================================

1. Chandeshwar Rai, S/o Late Lagan Rai, R/v Milpakari, P.S.- Bidupur, District- Vaishali.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Vijay Kumar Sinha, Advocate For the Opposite Party/s : Mr. Damodar Prasad Tiwary, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 22-05-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case registered for the offence punishable under Sections 272 and 273 of the Indian Penal Code and Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

70 litres of country made liquor is said to have been recovered from the house of the petitioner and that of Rameshwar Rai.

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 no concern with the seized liquor. He has been falsely implicated in the case at the instance of his enemies. The house of the petitioner is

Patna High Court Cr.Misc. No.31477 of 2018 (02) dt.22-05-2018 inhabited by several family members and he had no knowledge of keeping of the said liquor in the house. He has no criminal antecedent. He has been languishing in custody since 23.03.2018. Considering the facts aforesaid, 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 A.C.J.M. XIV, Vaishali at Hajipur in connection with Bidupur P.S. Case No. 16 of 2017.

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