Sheogopal Rai @ Shivgopal Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.27000 of 2020 Arising Out of PS. Case No.-34 Year-2020 Thana- SIDHWALIYA District- Gopalganj ====================================================== SHEOGOPAL RAI @ SHIVGOPAL RAI, Son of Late Shatrudhan Rai Resident of Village- Sher, P.S.- Sidhwalia, District- Gopalganj. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Indrajeet Bhushan For the Opposite Party/s :

Mr. APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 20-10-2020 Heard the learned counsel for the parties.

The petitioner seeks bail in connection with Sidhwalia P. S. Case No. 34 of 2020 dated 17.02.2020, instituted for offence under Section 30 (a) of the Bihar Prohibition and Excise (Amendment) Act, 2018. It appears that from behind the house of the petitioner, 48.060 litres of liquor was found to be stored. The petitioner and his brother, namely, Santosh Kumar Rai are said to have stored the liquor for the purposes of selling the same in the market.

The learned counsel for the petitioner has submitted that the recovery is from open space and not

Patna High Court CR. MISC. No.27000 of 2020(2) dt.20-10-2020 2/2 from the constructive possession of the petitioner. The petitioner has clean antecedents and is in custody since 18.02.2020.

Regard being had to the afore-stated facts, the petitioner, above-named, is directed to be released on bail on his furnishing bail bonds in the sum of Rs. 10,000 /- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned A.D.J.-II - cum - Special Judge, Excise, Gopalganj in connection with Sidhwalia P. S. Case No. 34 of 2020.

The petition stands allowed.

(Ashutosh Kumar, J) skm/- U T