Sanjay Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.44431 of 2016 Arising Out of PS.Case No. -69 Year- 2015 Thana -GOVERNMENT OFFICIAL COMP. DistrictMUZAFFARPUR ====================================================== Sanjay Rai Son of Phuldeo Rai Resident of village - Mohomadpur, Police Station Paroo, District - Muzaffarpur .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Pancham Lal Jaiswal For the Opposite Party/s : Mr. Sri Umesh Lal Verma ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 25-10-2016 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with C-69 of 2015 registered under Section 47(A) of Excise Act. The accusation is of recovery of 240 bottles, each containing 180 ml. Country-made Foreign Liquor from the hut fromwhere the petitioner and two others succeeded to flee away. Learned counsel appearing on behalf of the petitioner submits that in fact, petitioner has falsely been implicated in this case mere on suspicion, as the hut fromwhere the country-made foreign liquor is recovered, is of common place. Further submission is that nothing has been recovered from the conscious possession of the petitioner.

Patna High Court Cr.Misc. No.44431 of 2016 (2) dt.25-10-2016 2/2 Having considered the facts and circumstances of the case, let the above named petitioner be released on bail, in the event of arrest or surrender before the learned Court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the S.D.J.M., (West) Muzaffarpur in connection with C-69 of 2015, subject to the condition as laid down under Section 438(2) of the Cr. P.C.

(Rajendra Kumar Mishra, J) Shail/- U T