Tiandong Wu @ Wu Tiandong v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.38902 of 2018 Arising Out of PS.Case No. -231 Year- 2018 Thana -GARDANIBAGH District- PATNA ====================================================== Tiandong Wu @ Wu Tiandong aged about 32 years, Son of Wu Guangyao, resident of Zulinwan Xinghua Road Chengguan P.S. Dawu District, Hubei, China at present residing at Shalimar Chamber, Opposite Maulana Abdul Engineering College, Ali Nagar, Anisabad, P.S. Gardanibagh, District Patna.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ajit Kumar For the Opposite Party/s : Mr. Amrendra Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 03-07-2018 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 38 (i) and (ii) of the Bihar Prohibition and Excise Act, 2016.

180 ML of foreign liquor is said to have been recovered from the guest house room of the petitioner and 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 with the seized liquor. He happens to be present occupant of the said room

Patna High Court Cr.Misc. No.38902 of 2018 (02) dt.03-07-2018 - 2 - and had no knowledge of keeping of the liquor in the said room by its earlier occupant. He has been suffering from Dehydration. His passport has already been seized by the police. He has no criminal antecedent and has been languishing in custody since 18.06.2018. In the facts and circumstances of the case, 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 Act, Patna in connection with Special Case No.5625 of 2018 arising out of Gardanibagh P.S. Case No. 231 of 2018, subject to condition that passport of the petitioner will not be released till the final disposal of the case and one of the bailors must be Company Secretary/Director of the Oppo Mobiles. (Prakash Chandra Jaiswal, J) Trivedi/- U T