Achhelal Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.53595 of 2018 Arising Out of PS.Case No. -206 Year- 2018 Thana -DHAKA District- EASTCHAMPARAN (MOTIHARI) ====================================================== Achhelal Rai Son of late Jokhu Rai Resident of Village- Bakhari Khajuri, P.S. Dhaka, 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 : Mr. Bisheshwar Ram ====================================================== 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.

54 litres of Nepali saufi wine is said to have been recovered which is said to have been brought by the petitioner and one other accused but petitioner was apprehended and another accused 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

Patna High Court Cr.Misc. No.53595 of 2018 (2) dt.30-08-2018 2/2 with the seized liquor. 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 while the real culprit managed to escape dumping the aforesaid liquor there seeing the police personnel. Though one more criminal case has been lodged against the petitioner, but he is on bail in the aforesaid case. He has been languishing in custody since 05.06.2018. 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 Additional Sessions Judge cum Special Judge, Excise, East Champaran, Motihari in connection with Dhaka P.S. Case No. 206 of 2018. (Prakash Chandra Jaiswal, J) Kr. Uday/- U T