Patna High CourtCR. MISC./43831/2018bail granted

Ramnath Rai v. The State Of Bihar

2018-07-20Mr. Justice Prakash Chandra Jaiswal2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.43831 of 2018 Arising Out of PS.Case No. -70 Year- 2018 Thana -PARIHAR District- SITAMARHI ====================================================== Ramnath Rai, Son of Kishun Rai @ Krishna Dev Rai @ Kishan Rai, Resident of Village- Sirsiya, Police Station- Bela, District- Sitamarhi. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Pushpendra Kumar Singh For the Opposite Party/s : Mr. Pramod Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 20-07-2018 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 Sections 272 and 273 of the Indian Penal Code and Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

40.800 lts. of Nepali liquor is said to have been recovered from motorcycle of the petitioner and he was apprehended.

It is submitted by learned counsel for the petitioner that no incriminating article has been recovered from conscious physical possession of the petitioner. He has no concern with the seized liquor. He has been falsely implicated in this case by the police while he was passing through the place of occurrence at the

Patna High Court Cr.Misc. No.43831 of 2018 (2) dt.20-07-2018 2/2 time of occurrence and real culprits managed to escape dumping the aforesaid liquor there seeing the police party. The petitioner has no criminal antecedent. He has been languishing in custody since 30.05.2018.

Considering the facts aforesaid, 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 A.D.J. II cum Special Judge, Excise Act, Sitamarhi in connection with Parihar P.S. Case No. 70 of 2018.

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