Uday Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.53404 of 2018 Arising Out of PS.Case No. -176 Year- 2018 Thana -BAJPATTI District- SITAMARHI ====================================================== Uday Rai, S/o Laxman Rai, resident of village - Bishanpur, P.S.-Bajpatti, District - Sitamarhi.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Virendra Kumar For the Opposite Party/s : Mr. Madan Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 29-08-2018 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner seeks bail in a case registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

75 litres of raw material is said to have been recovered from the hut of the petitioner and the 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 article. He has been falsely implicated in the case at the instance of his enemies. The hut of the petitioner is inhabited by his several family members and he had no knowledge

Patna High Court Cr.Misc. No.53404 of 2018 (2) dt.29-08-2018 2/2 of keeping of the said article in the said hut. He has no criminal antecedent. He has been languishing in custody since 06.07.2018. Considering the facts aforesaid, 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 A.D.J.-II cum Special Judge, Excise Act, Sitamarhi in connection with Bajpatti P.S. Case No. 176 of 2018.

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