Patna High CourtCR. MISC./79322/2018bail granted

Nand Kishor Rai @ Jatahawa Rai v. The State Of Bihar

2019-01-18Mr. Justice Prakash Chandra Jaiswal2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.79322 of 2018 Arising Out of PS. Case No.-617 Year-2018 Thana- MANER District- Patna ====================================================== Nand Kishor Rai @ Jatahawa Rai Son of Tipan Rai Resident of VillageHulasi Tola, P.S.- Maner, District - Patna. ... ... Petitioner.

Versus

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

For the Petitioner/s :

Mr. Jagjit Roshan For the Opposite Party/s :

Mr. Akshay Lal Pandit ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 18-01-2019 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 Prohibition and Excise Act, 2016.

32 liters of country made liquor is said to have been recovered from a gallon kept on the motorcycle and the petitioner sitting on the said motorcycle 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 with the motorcycle in question. He was simply riding on the said motorcycle as a pillion rider on taking lift from its owner without being knowledge of keeping the liquor on the motorcycle and the owner of the motorcycle

Patna High Court Cr.Misc. No.79322 of 2018(2) dt.18-01-2019 2/2 has been enlarged on bail by the learned lower Court. He has no criminal antecedent. He has been languishing in custody since 17.11.2018.

Considering the facts aforesaid, the above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Special Judge Excise, Patna in connection with Maner P.S. Case No.617 of 2018/Special Case No.10915 of 2018.

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