Ram Naresh Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.45744 of 2018 ====================================================== Ram Naresh Rai, Son of Ram Vrikchh Rai, Resident of Village- Terasiya, P.S.- Ganga bridge, District- Vaishali.

.... .... Petitioner

Versus

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

For the Petitioner : Mr. Umesh Kumar Singh, Adv. For the Opposite Party : Mr. S.M. Rahman, APP. ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 27-07-2018 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 Section 30 (a) of the Bihar Excise Act, 2016. 2358 liters of foreign liquor is said to have been recovered from the truck and the petitioner who is said to be a labourer had arrived there to unload the liquor from the said truck was apprehended while other accused persons managed to escape seeing the police party.

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 is a simple labourer and was called at the place of occurrence by one Amitabh Rai to unload the said liquor from

Patna High Court Cr.Misc. No.45744 of 2018 (02) dt.27-07-2018 - 2 - the truck on a paltry remuneration. There is violation of Section 100 Cr.P.C. He had no knowledge of keeping of the liquor on the aforesaid truck. He has no criminal antecedent and has been languishing in custody since 29.05.2018.

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 Additional Sessions Judge-II-cum-Special Judge Excise, Vaishali, Hajipur in connection with Ganga Bridge P.S. Case No. 78 of 2018. (Prakash Chandra Jaiswal, J) Trivedi/- U T