Prabhu Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.35163 of 2018 ====================================================== Prabhu Rai, Son of Late Rammurti Rai, R/o Navratanpur Tola, P.S.- Khagaul, District- Patna.

.... .... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s : Mr. Ghanshyam Tiwary For the Opposite Party/s : Mr. Pramod Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 22-06-2018 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.

Huge quantity of foreign liquor is said to have been recovered from the pickup van parked on the road in-front of the house of the petitioner.

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 the vehicle in question. He was not apprehended on the spot. He has been falsely implicated in this case at the instance of his enemy. Though one more case under the

Patna High Court Cr.Misc. No.35163 of 2018 (2) dt.22-06-2018 - 2 - Excise Act has been lodged against the petitioner but he is on bail in the said case. He has been languishing in custody since 23.04.2018.

In the facts and circumstances of the case, the above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Special Judge Excise Act., Patna in connection with Special Case No. 3738/2018 arising out of Khagaul P.S. Case No. 94 of 2018. (Prakash Chandra Jaiswal, J) Trivedi/- U T