Rajeshwar Ray v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.42419 of 2018 Arising Out of PS.Case No. -56 Year- 2018 Thana -CHAURADANO DistrictEASTCHAMPARAN(MOTIHARI) ====================================================== Rajeshwar Ray, Son of Late Awatar Ray @ Ramautar Ray, Resident of village- Bela, Police Station- Chhauradano, District- East Champaran .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Dhurendra Kumar For the Opposite Party/s : Mr. Narsingh Tanti ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 16-07-2018 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 Section 34 of the Indian Penal Code and Section 30(a) of the Bihar Prohibition and Excise Act, 2016. 13.500 litres of country made liquor is said to have been recovered from the house of Rameshwar Rai and his wife namely Parwati Devi was apprehended who named the petitioner in the occurrence in her confessional statement. 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 with the place of recovery. He has

Patna High Court Cr.Misc. No.42419 of 2018 (2) dt.16-07-2018 2/2 been falsely implicated in the case by Parwati Devi due to grudge. Barring aforesaid disclosure, there is nothing in the record indicating the complicity of the petitioner in the occurrence. He has no criminal antecedent. He has been languishing in custody since 28.05.2018 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 Special Judge, Excise, East Champaran, Motihari in connection with Chhauradano P.S. Case No. 56 of 2018.

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