Jagarnath Singh @ Jgarnnath Singh @ Jaganath Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.46792 of 2018 Arising Out of PS.Case No. -155 Year- 2018 Thana -MUSAHRI District- MUZAFFARPUR ======================================================

1. Jagarnath Singh @ Jgarnnath Singh @ Jaganath Singh Son of late Buneshwar Singh R/o Village- Goriari, P.S. Kudhani, District - Muzaffarpur.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Rakesh Ranjan For the Opposite Party/s : Mr. Rajendra Singh Shastriji (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 01-08-2018 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 & 273 of the Indian Penal Code and Sections 30 (a), 36 and 38 of the Bihar Prohibition and Excise Act, 2016.

32.400 liters of foreign liquor is said to have been recovered from the Goshala and petitioner was apprehended. The said liquor was allegedly kept there with the consent of the petitioner.

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

Patna High Court Cr.Misc. No.46792 of 2018 (2) dt.01-08-2018 physical possession of the petitioner. He has no concern with the seized liquor. He happens to be an old person aged about 73 years and care-taker of the aforesaid Goshala and had no knowledge of keeping of the said liquor in the Goshala. Aforesaid liquor was not kept there with his consent. He has no criminal antecedent and has been languishing in custody since 07.07.2018. 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 Mushahari P.S. Case No. 155 of 2018.

(Prakash Chandra Jaiswal, J) Kr. Uday/- U T