Pati Bhuiyan @ Rampati Manjhi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.50771 of 2018 Arising Out of PS.Case No. -646 Year- 2017 Thana -BARACHATTI District- GAYA ======================================================

1. Pati Bhuiyan @ Rampati Manjhi S/o Bideshi Bhuiyan, R/o Vill.- Mahugain, P.S.- Barachatti, District- Gaya.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Arvind Kumar Singh For the Opposite Party/s : Mr. Rajballabh Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 18-08-2018 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), 38 and 47 of Bihar Prohibition and Excise Act, 2016.

30 liters of country made liquor is said to have been recovered from the house of the petitioner.

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. 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. There is violation of Section 100

Patna High Court Cr.Misc. No.50771 of 2018 (02) dt.18-08-2018 - 2 - Cr.P.C. He was not apprehended on the spot. He has no criminal antecedent and has been languishing in custody since 29.06.2018. 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 Special Judge, Excise Act, Gaya in connection with Barachatti, P.S. Case No. 646 of 2017.

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