Raj Rawat @ Raj Raut v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.75992 of 2018 Arising Out of PS. Case No.-222 Year-2018 Thana- SAMSTIPUR RAIL P.S DistrictSamastipur ====================================================== RAJ RAWAT @ RAJ RAUT Son of Mahendra Rawat, Resident of VillageBenipur, P.S.- Benipur, District- Darbhanga (Bihar). ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Vinay Kumar Mishra For the Opposite Party/s :

Mr. Sri Manish Kumar 2 ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 17-12-2018 Heard learned Counsel for the petitioner and the learned APP for the State.

Petitioner seeks bail in Rail Samastipur PS Case No. 222 of 2018 registered under Sections 30(A) of Bihar Prohibition and Excise Act, 2016.

It is submitted by Counsel for the petitioner that recovery of 40 litres of country made liquor has been made from traveling bag lying beneath a berth in the train. No recovery has been made from the possession of the petitioner. The petitioner has no criminal antecedent. The recovery is not in accordance with the procedure prescribed under Section 100 Cr.P.C. The petitioner is in custody since 20.9.2018.

Considering the aforesaid submissions as also the

Patna High Court Cr.Misc. No.75992 of 2018(2) dt.17-12-2018 2/2 facts and circumstances of the case, prayer for bail of the petitioner is allowed. Let the petitioner above named be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Additional Sessions Judge -cum- Special Judge, Excise, Samastipur in Rail Samastipur PS Case No. 222 of 2018. (Madhuresh Prasad, J) SNkumar/- U T