Raj Kishore Bhagat @ Lotan Bhagat v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.45379 of 2018 Arising Out of PS.Case No. -227 Year- 2018 Thana -SUGAULI District- EASTCHAMPARAN (MOTIHARI) ====================================================== Raj Kishore Bhagat @ Lotan Bhagat S/o Laxman Bhagat, R/o Vill.- Sarhari, P.S.- Sugauli, District- East Champaran. .... .... Petitioner
Versus
The State of Bihar .... .... Opposite Party ====================================================== Appearance :
For the Petitioner : Mr. Madhurendra Kumar, Adv. For the Opposite Party : Mrs. Indu Kumari Srivastava, APP. ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 26-07-2018 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 30 (a) and 37 (b) of the Bihar Prohibition and Excise Act, 2016.
22.5 liters of foreign liquor is said to have been recovered from the house of the petitioner and the petitioner was 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 no concern with the seized liquor. He has been falsely implicated in this case at the
Patna High Court Cr.Misc. No.45379 of 2018 (2) dt.26-07-2018 instance of his enemy. The house of the petitioner is inhabited by his several family members and he had no knowledge of keeping of the said liquor in the house. He has no criminal antecedent and has been languishing in custody since 08.06.2018. 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 7th Additional Sessions Judge-cum-Special Judge, Excise, East Champaran at Motihari in connection with Sugauli P.S. Case No. 227 of 2018. (Prakash Chandra Jaiswal, J) Trivedi/- U T