Shankar Thakur v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.52720 of 2018 Arising Out of PS.Case No. -313 Year- 2018 Thana -GOVERNMENT OFFICIAL COMP. DistrictEASTCHAMPARAN (MOTIHARI) ====================================================== Shankar Thakur, Son of Late Rambahadur Thakur, resident of village - Jagtiya Pakaridayal, P.S.-Pakaridayal, 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. Reena Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 27-08-2018 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 30(a) and 38(2) of the Bihar Prohibition and Excise Act, 2016.

16.125 litres of foreign liquor is said to have been recovered from the garage of the petitioner rented out to him by Bikki Kumar, said to have been kept there by said Bikki Kumar having access to the said garage by opening the door on rear side of his shop and petitioner and said Bikki Kumar were apprehended.

It is submitted by learned counsel for the petitioner that no incriminating article has been recovered from the

Patna High Court Cr.Misc. No.52720 of 2018 (2) dt.27-08-2018 2/2 conscious physical possession of the petitioner. He has no concern either with the seized liquor or any trade of liquor. He had no knowledge of keeping of the said liquor by the said Bikki Kumar who had access to the said garage by opening the door on the rear side of his shop. He has no criminal antecedent. He has been languishing in custody since 10.07.2018.

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 Special Judge, Excise, East Champaran, Motihari in connection with Excise Case No. 313 of 2018.

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