Subodh Bhagat v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.50918 of 2018 Arising Out of PS.Case No. -434 Year- 2017 Thana -MOTIPUR District- MUZAFFARPUR ====================================================== Subodh Bhagat Son of Ramsagar Bhagat @ Ramsager Bhagat, resident of Village- Baruraj Tole Dakahi, P.S. Baruraj, District Muzaffarpur. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Syed Firoz Raza For the Opposite Party/s : Mr. Surendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 20-08-2018 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner seeks bail in a case registered for the offence punishable under Sections 30(a), 38(i) and 41 of the Bihar Prohibition and Excise Act, 2016.

185.4 litres of foreign liquor is said to have been recovered from the Hundai Car and its driver, namely, Tuntun Kumar was apprehended, who disclosed that the liquor is hailing to petitioner and one Arun Rai.

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 any trade of liquor. He has been

Patna High Court Cr.Misc. No.50918 of 2018 (2) dt.20-08-2018 2/2 falsely implicated in the case by the apprehended accused due to animosity. Barring the aforesaid disclosure of the apprehended accused there is nothing on record to indicate the complicity of the petitioner in the occurrence. He was not apprehended on the spot. He has been languishing in custody since 13.07.2018. Similarly situated co-accused, namely, Arun Rai has been enlarged on bail by a co-ordinate bench of this court vide order dated 09.07.2018 passed in Cr. Misc. No. 39305 of 2018 and TunTun Kumar has been enlarged on bail by a co-ordinate bench of this court vide order dated 17.02.2018 passed in Cr. Misc. No. 6626 of 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, Muzaffarpur in connection with Motipur P.S. Case No. 434 of 2017.

(Prakash Chandra Jaiswal, J) Kr. Uday/- U T