Baidhnath Rai @ Vaidnath Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.48096 of 2018 Arising Out of PS.Case No. -185 Year- 2018 Thana -LALGANJ District- VAISHALI(HAJIPUR) ====================================================== Baidhnath Rai @ Vaidnath Rai son of Late Chulhai Rai, resident of VillageAtwarpur Sisaula, P.S.- Lalganj, District- Vaishali .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Umesh Chandra Verma For the Opposite Party/s : Mr. Ram Naresh Ray ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 07-08-2018 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner seeks bail in a case registered for the offence punishable under Sections 30(a), 32(2) and 41(1) of the Bihar Prohibition and Excise Act, 2016.

259.95 litres of foreign liquor is said to have been recovered from the place surrounded by bricks on three sides located towards the east of the bathan 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 either with the seized liquor or place of recovery. Place of recovery is apart from the house of the petitioner and is open from

Patna High Court Cr.Misc. No.48096 of 2018 (2) dt.07-08-2018 2/2 one side which is easily accessible to anyone. He had no knowledge of keeping of the said liquor at the aforesaid place by someone. He has been falsely implicated in the case at the instance of his enemies and due to dirty village politics. He has no criminal antecedent. He has been languishing in custody since 07.06.2018. 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 2nd Addl. Sessions Judge cum Special Judge, Excise, Hajipur, Vaishali in connection with Lalganj P.S. Case No. 185 of 2018.

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