Vidya Rai v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.53719 of 2018 Arising Out of PS.Case No. -409 Year- 2017 Thana -CHIRAIYA District- EASTCHAMPARAN (MOTIHARI) ======================================================
1. Vidya Rai Son of Late Uttim Rai Resident of Village - Katkuiya, Police Station - Chiraiya, District - East Champaran. .... .... Petitioner/s
Versus
1. The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Anuj Kumar For the Opposite Party/s : Mr. Braj Kishore Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 30-08-2018 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 Section 30(a) of the Bihar Prohibition and Excise Act, 2016.
11⁄2 liters of country made liquor and 100 litres of raw material are said to have been recovered from the hut of the petitioner and the petitioner managed to escape. 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 with the seized articles. He has been falsely implicated in this case at the
Patna High Court Cr.Misc. No.53719 of 2018 (2) dt.30-08-2018 2/2 instance of his enemy. The hut of the petitioner is inhabited by his several other family members and he had no knowledge of keeping of the aforesaid articles in the hut. He was not apprehended on the spot. He has no criminal antecedent and has been languishing in custody since 08.05.2018. 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, East Champaran at Motihari in connection with Chiraiya P.S. Case No. 409 of 2017.
(Prakash Chandra Jaiswal, J) Trivedi/- U T