Rakesh Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.44764 of 2018 Arising Out of PS. Case No.-1 Year-2017 Thana- HARLAKHI District- Madhubani ====================================================== Rakesh Rai, S/o Anant Rai, R/o Vill-Balaha, P.S. Madhawapur, DisttMadhubani. ... ... 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. Ram Bachan Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 24-07-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in connection with Harlakhi P.S. Case no. 1 of 2017 registered under Sections 272, 273 of I.P.C. and Section 30(a) of Bihar Excise and Prohibition Act2016. 15.600 lts. of Nepali Saufi wine is said to have been recovered from a motorcycle and petitioner is said to be owner of the said motorcycle which was sold to him by Mahadeo Sah. It is submitted by learned counsel for the petitioner that no incriminating article has been recovered from conscious physical possession of the petitioner. He has no concern either with the seized liquor or with the motorcycle in question. He

Patna High Court Cr.Misc. No.44764 of 2018(2) dt.24-07-2018 2/2 has not purchased the aforesaid motorcycle from Mahadeo Sah. He was not apprehended on the spot. He has been languishing in custody since 11.06.2018.

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 Addl. Sessions Judge-II-cum-Special Judge, Excise Act, Madhubani in connection with Harlakhi P.S. Case no. 1 of 2017. (Prakash Chandra Jaiswal, J) rohit/- U T