Ram Lakhan Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.44693 of 2018 Arising Out of PS.Case No. -106 Year- 2018 Thana -GOVERNMENT OFFICIAL COMP. DistrictMUZAFFARPUR ======================================================

1. Ram Lakhan Rai, Son of Ram Bhajan Rai, Resident of Village- Ladaura, P.S.- Kudhari, District- Muzaffarpur.

.... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Alok Kumar Alok For the Opposite Party/s : Mr. Dr. Indiwar Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 24-07-2018 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 30 (a) of the Bihar Prohibition and Excise Act, 2016.

55.020 liters of foreign liquor is said to have been recovered digging the field located near 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 place of recovery or any trade of

Patna High Court Cr.Misc. No.44693 of 2018 (02) dt.24-07-2018 liquor. The place of recovery is an open place and easily accessible to anyone. He has been falsely implicated in this case at the instance of his enemy. He has no criminal antecedent and has been languishing in custody since 31.05.2018. 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, Muzaffarpur in connection with P.R. No.08/2018-19, Excise Case No.106 of 2018.

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