Sujeet Rai @ Sujeet Kumar Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.24916 of 2018 Arising Out of PS.Case No. -303 Year- 2017 Thana -DALSINGHSARAI District- SAMASTIPUR ====================================================== Sujeet Rai @ Sujeet Kumar Rai, Sons of Maksudan Rai, Residents of village - Ward No.2, Keota, Belbanna, P.S.-Dalsingsarai, DistrictSamastipur .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Shekhar Kumar Singh For the Opposite Party/s : Mr. Sri Bharat Bhushan ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 01-05-2018 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), 38(i) (ii) and 41(i) of the Bihar Prohibition and Excise Act, 2016.

15 cartons of foreign liquor is said to have been recovered from the pick-up van and Amar Nath Sah and other accused person were apprehended while some other accused persons managed to escape. The said Amar Nath Sah disclosed the name of the petitioner and other accused persons as their fleeing accomplices engaged in doing illegal trade of foreign liquor. It is submitted by learned counsel for the petitioner that no incriminating article has been recovered from the

Patna High Court Cr.Misc. No.24916 of 2018 (2) dt.01-05-2018 2/2 conscious physical possession of the petitioner. He has no concern either with the seized liquor or with the vehicle in question. He has been falsely implicated in the case by said Amar Nath Sah due to animosity. Barring aforesaid disclosure, there is nothing in the record indicating the complicity of the petitioner in the occurrence. Though one more case under Excise Act has been lodged against the petitioner, but he is on bail in the aforesaid case. The petitioner has been languishing in custody since 17.01.2018. Said Amarnath Sah has been enlarged on bail by a co-ordinate bench of this court vide order dated 20.11.2017 passed in Cr. Misc. No. 55491 of 2017.

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 A.D.J.-II cum Special Judge, Excise Act, Samastipur in connection with Dalshingsarai P.S. Case No. 303/2017 corresponding to G.R.No.- 2861/2017.

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