Sri Ram Bhagat v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.42048 of 2018 Arising Out of PS. Case No.-34 Year-2018 Thana- BARURAJ District- Muzaffarpur ====================================================== Sri Ram Bhagat, S/o Late Baldeo Bhagat R/o Vill-Koriganwa P.S. Baruraj, Distt-Muzaffarpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Nitu Kumari For the Opposite Party/s :

Smt Sangeeta Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 12-07-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in connection with Baruraj P.S. Case No. 34 of 2018 registered under Sections 272, 273, 120(B)/34 of I.P.C. and Sections 30(A), 41, 49 of the Bihar Prohibition and Excise Act 2016.

630 lts. of foreign liquor is said to have been recovered from the house of Mandu Bhagat and petitioner and one other accused are said to have escaped from rear side of the house.

It is submitted by learned counsel for the petitioner that no incriminating article has been recovered from conscious physical possession of the petitioner. He has no concern either

Patna High Court Cr.Misc. No.42048 of 2018(2) dt.12-07-2018 2/2 with the seized liquor or with the place of recovery or any trade of liquor. He was not apprehended on the spot. He has been falsely implicated in this case at the instance of his enemy. The identity and genuineness of source of information has not been mentioned in the F.I.R. He has no criminal antecedent. He has been languishing in custody since 11.06.2018. 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, Muzaffarpur in connection with Baruraj P.S. Case No. 34 of 2018.

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