Ram Sagar Ray v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.45552 of 2018 Arising Out of PS.Case No. -434 Year- 2016 Thana -PATORI District- SAMASTIPUR ====================================================== Ram Sagar Ray, Son of Late Mahavir Rai, Resident of Village- Hardaspur, P.S.- Patori, Mohanpur, (O.P.), District- Samastipur .... .... Petitioner
Versus
The State of Bihar .... .... Opposite Party ====================================================== Appearance :
For the Petitioner : Mr. Chiranjiva Ranjan, Adv. For the Opposite Party : Mr. Abhay Kumar Roy, APP. ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 26-07-2018 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 272 of the Indian Penal Code and Sections 30 and 38 of the Bihar Excise (Amendment) Act, 2016. 25 liters of country made liquor is said to have been recovered from the house of the petitioner.
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 has been falsely implicated in this case at the instance of his enemy. The house of the petitioner is inhabited by his several family members and he had no knowledge of keeping of the said liquor in the house. He was not apprehended on the
Patna High Court Cr.Misc. No.45552 of 2018 (2) dt.26-07-2018 spot. He has no criminal antecedent and 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 bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge-VI-cum-Special Judge Excise, Samastipur in connection with Patori ( Mohanpur) P.S. Case No.434 of 2016. (Prakash Chandra Jaiswal, J) Trivedi/- U T