Meghan Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.50796 of 2018 Arising Out of PS.Case No. -107 Year- 2018 Thana -NADI P.S. District- PATNA ====================================================== Meghan Rai Son of Naresh Rai, Resident of Village- Zafarabad Tok, P.SRaghopur District- Vaishali .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Ashok Kumar Mishra, Advocate For the Opposite Party/s : Mr. Nagendra Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 18-08-2018 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 Section 30 (a) of the Bihar Prohibition and Excise Act, 2016.

80 liters of country made liquor is said to have been recovered from the two bags dropped by the motorcycle rider at the place of occurrence and the petitioner and the said motorcycle rider managed to escape along with the motorcycle. 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 simple labourer and has been falsely implicated in this case by the police merely on suspicion

Patna High Court Cr.Misc. No.50796 of 2018 (02) dt.18-08-2018 - 2 - while he was passing through the place of occurrence at the time of occurrence in the meantime the motorcycle rider managed to escape dropping the said bag there seeing the police personnel. He has no criminal antecedent and has been languishing in custody since 26.06.2018.

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, Patna in connection with Special Case No. 5821 of 2018 arising out of Nadi P.S. Case No. 107 of 2018. (Prakash Chandra Jaiswal, J) Trivedi/- U T