Patna High CourtCR. MISC./16798/2019bail granted

Bhola Rai v. The State Of Bihar

2019-03-26Mr. Justice Dinesh Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.16798 of 2019 Arising Out of PS. Case No.-54 Year-2019 Thana- PATNA CITY CHOWK District- Patna ====================================================== BHOLA RAI Son of Mishraraj Rai Resident of Village-Kaimasikoh, Bans Bazar, P.S-Chowk, District-Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Satrudhan Kumar For the Opposite Party/s :

Ms.Madhuri Lata ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 26-03-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is languishing in custody since 06.02.2019 in a case registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2016. It is alleged that 50 litres of country made illicit liquor were recovered near a drainage which is situated adjacent to the house of the petitioner.

It is submitted by learned counsel for the petitioner that admittedly the recovery has not been made from the conscious physical possession of the petitioner. A statement has been made in paragraph no.3 of the petition that the petitioner is not having any criminal antecedent.

Learned APP for the State submits that the recovery

Patna High Court CR. MISC. No.16798 of 2019(2) dt.26-03-2019 2/2 has been made adjacent to the house of the petitioner. Considering the fact that the seizure list does not suggest the recovery from the conscious physical possession of the petitioner, the period under custody coupled with statement made in paragraph no.3 of the petition that the petitioner is not having any criminal antecedent, let the above named petitioner be released on bail, on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge, Excise Act, Patna in connection with Special Case No. 1351 of 2019, arising out of Chauk P.S. Case No. 54 of 2019.

(Dinesh Kumar Singh, J) Ashwini/- U T