Suresh Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.53403 of 2018 Arising Out of PS.Case No. -258 Year- 2018 Thana -MAHESI District- EASTCHAMPARAN (MOTIHARI) ====================================================== Suresh Rai, Son of Ranglal Rai, resident of village - Mithanpura, P.S.- Mehsi, District - East Champaran.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Umesh Chandra Verma For the Opposite Party/s : Smt. Gulnar Begam ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 29-08-2018 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 and 38 of the Bihar Prohibition and Excise Act, 2016.

15 litres of foreign liquor is said to have been recovered from behind the house of the petitioner and the petitioner was apprehended.

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 place of recovery. Place of recovery is open place and is easily accessible to anyone. He had

Patna High Court Cr.Misc. No.53403 of 2018 (2) dt.29-08-2018 2/2 no knowledge of keeping of the said liquor there by someone. Though two more criminal cases have been lodged against the petitioner, but he is on bail in the aforesaid cases. He has been languishing in custody since 30.07.2018.

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 7th Addl. Sessions Judge cum Special Judge, Excise, East Champaran, Motihari in connection with Mehsi P.S. Case No. 258 of 2018. (Prakash Chandra Jaiswal, J) Mishra/- U T