Ramayan Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.8531 of 2018 Arising Out of PS. Case No.-194 Year-2017 Thana- NAUTAN District- Siwan ====================================================== Ramayan Rai, Son of Shankar Rai, R/o Village- Chitmath, P.S.- Mairwa, Distt. Siwan.

... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Md. Aslam Ansari For the Opposite Party/s :

Mr. Anand Mohan Prasad Mehta ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 17-02-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in connection with Nautan P.S. Case no. 194 of 2017 registered under Sections 272, 273, 308/34 of the Indian Penal Code and Section 30(A), 38(A), 41(1) of the Bihar Excise and Prohibition Act 2016. Around 89.880 lts. of country made liquor and foreign liquor are said to have been recovered from the four wheeler of Vijay Pratap Singh and petitioner was apprehended while driver of the vehicle managed to escape.

It is submitted by learned counsel for the petitioner that no incriminating article has been recovered from his conscious physical possession. Petitioner neither happens to be owner nor

Patna High Court Cr.Misc. No.8531 of 2018(2) dt.17-02-2018 2/2 driver of the vehicle rather commuter of the same and had boarded on it taking lift from the driver and he had no knowledge of keeping of the said liquor in the aforesaid vehicle. He has no concern with the seized liquor. He has no criminal antecedent. He has been languishing in custody since 22.11.2017.

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 Addl. Sessions Judge-II, Siwan in connection with Nautan P.S. Case no. 194 of 2017.

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