Saroj Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.40655 of 2018 Arising Out of PS.Case No. -68 Year- 2018 Thana -SAHARGHAT District- MADHUBANI ====================================================== Saroj Rai S/o Bajranghi Rai, R/o Vill.- Balba, P.S.- Madhawapur, DistrictMadhubani. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Gagan Deo Yadav For the Opposite Party/s : Mr. Sanjay Kumar Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 16-07-2018 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.

Petitioner along with two other accused persons are said to have been carrying 249 litres of Nepali liquor in the bag from the Akharaghat river and the petitioner was apprehended while two other accused persons managed to escape. He divulged that the said liquor is hailing to Rakesh Rai and he was carrying the same as labourer.

It is submitted by learned counsel for the petitioner

Patna High Court Cr.Misc. No.40655 of 2018 (3) dt.16-07-2018 2/2 that no incriminating article has been recovered from the conscious physical possession of the petitioner. He has no concern either with the seized liquor or with the place of recovery. Place of recovery is open place and is easily accessible to anyone. He has been falsely implicated in the case by the police merely on suspicion and the real culprit managed to escape dumping the aforesaid liquor there seeing the police party. He has no criminal antecedent. He has been languishing in custody since 06.05.2018. 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 Addl. Session Judge-II -cum- Special Judge Excise Act, Madhubani in connection with Sahar Ghat P.S. Case No. 68 of 2018. (Prakash Chandra Jaiswal, J) Mishra/- U T