Kapil Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.20374 of 2018 Arising Out of PS. Case No.-293 Year-2017 Thana- FATUHA District- Patna ====================================================== Kapil Rai S/o Ramdeo Rai, R/o Village- Garhochak, P.S.- Fatuha, DistrictPatna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Arvind Prasad Singh For the Opposite Party/s :

Mr. Shantanu Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 11-04-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in connection with Fatuha P.S. Case no. 293 of 2017 registered under Sections 30(A) of Bihar Prohibition & Excise Act-2016.

140 lts. of country made liquor is said to have been recovered from near the sisam tree standing near Gadhochak railway bridge which is said to have been kept there by the petitioner and other accused persons.

It is submitted by learned counsel for the petitioner that no incriminating article has been recovered from his conscious physical possession. He has been falsely implicated in the case at the instance of his enemy. He has no concern either

Patna High Court Cr.Misc. No.20374 of 2018(2) dt.11-04-2018 2/2 with the seized liquor or with the place of recovery. The identity and genuineness of source of disclosure is not mentioned in the FIR. He has no criminal antecedent. He has been languishing in custody since 11.01.2018. In the facts and circumstances of the case, the above named petitioner is directed to be enlarged on bail on furnishing bail bonds of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Special Judge, Excise, Patna in connection with Fatuha P.S. Case no. 293 of 2017.

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