Bhadhu Bhagat v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.53220 of 2018 Arising Out of PS.Case No. -34 Year- 2018 Thana -BARURAJ District- MUZAFFARPUR ====================================================== Bhadhu Bhagat Son of Janak Bhagat, Resident of Village Kairgawan, P.S. Baruraj, Disctrict Muzaffarpur.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ratneshwar Prasad For the Opposite Party/s : Mr. Bhanu Pratap Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 29-08-2018 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 272, 273 and 120(B)/34 of the Indian Penal Code and Sections 30(a) 41, 49 of the Bihar Prohibition and Excise Act, 2016.

630 litres of foreign liquor is said to have been recovered from the outer room of the house of the petitioner and petitioner managed to escape.

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 has been falsely implicated in the case at the instance of his enemy. The house of the petitioner is

Patna High Court Cr.Misc. No.53220 of 2018 (2) dt.29-08-2018 2/2 inhabited by his several family members and he had no knowledge of keeping of the said liquor in the house. The said room is in the outer part of the said house. He was not apprehended on the spot. He has no criminal antecedent. He has been languishing in custody since 16.05.2018.

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 Special Judge, Excise, Muzaffarpur in connection with Baruraj P.S. Case No. 34 of 2018.

(Prakash Chandra Jaiswal, J) Kr. Uday/- U T