Birendra Prasad Sao @ Birendra Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.41773 of 2018 Arising Out of PS. Case No.-208 Year-2018 Thana- GOVERNMENT OFFICIAL COMP. District- Jamui ====================================================== Birendra Prasad Sao @ Birendra Prasad, Son of Late Mahavir Sahu @ Late Mahavir Sah, Resident of Village- Aliganj Bazar, Police Station- Chandradip, District- Jamui.

... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Rajesh Kumar For the Opposite Party/s :

Mr. Ramesh Chandra ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 07-08-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in connection with Government Case no. 208 C2 of 2018 registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

151.5 lts. of foreign liquor is said to have been recovered from room of the house of petitioner which is said to have been kept there by some accused persons and petitioner was apprehended while other accused persons managed to escape.

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

Patna High Court Cr.Misc. No.41773 of 2018(4) dt.07-08-2018 2/2 physical possession of the petitioner. He has no concern with the seized liquor. He happens to be owner of the aforesaid house and has let out the said room to one Baljeet Mahto and he had no knowledge of keeping of liquor in the said room by Baljeet Mahto and others. He has been falsely implicated in this case. He has no criminal antecedent. He has been languishing in custody since 22.06.2018.

In the facts and circumstances of the case, the above named petitioner is directed to be enlarged on bail on furnishing bail bonds of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Addl. District and Sessions Judge-II, Jamui in connection with Government Case no. 208 C2 of 2018.

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