Narendra Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.49545 of 2018 Arising Out of PS.Case No. -203 Year- 2018 Thana -ARA MUFFSIL District- BHOJPUR ====================================================== Narendra Rai, S/o. Late Ram Sakal Rai, Resident of Village- Suremanpur, P.S. Shahpur, District- Bhojpur.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ranjana Sinha For the Opposite Party/s : Mr. Arun Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 10-08-2018 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 414,353 and 120(B) of the Indian Penal Code and Section 30 (a) of the Bihar Prohibition and Excise Act, 2016.

1926 liters of foreign liquor is said to have been recovered from a pickup van and its driver, namely, Rahul Rai and Khalasi, namely, Sujit Ram were apprehended but in the meantime the petitioner arrived there and made Rahul Rai escaped from the place of occurrence.

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

Patna High Court Cr.Misc. No.49545 of 2018 (02) dt.10-08-2018 - 2 - with the seized liquor or the vehicle in question or any trade of liquor. He has not made any accused escaped from the custody of place. He has been falsely implicated in this case by the police merely on suspicion while he was passing through the place of occurrence at the time of occurrence. There is violation of Section 100 Cr.P.C. He has no criminal antecedent and has been languishing in custody since 10.06.2018.

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, Bhojpur at Ara in connection with Ara (Muffasil) Dhobha O.P. P.S. Case No. 203 of 2018.

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