Jawahir Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.2342 of 2018 Arising Out of PS.Case No. -358 Year- 2017 Thana -MANER District- PATNA ====================================================== Jawahir Rai, S/o Late Premdhar Rai, R/o Vill.- Lal Bengwa Brahamchari, P.S.- Maner, District- Patna.

.... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance:

For the Petitioner/s : Mr. Ajay Kumar Mishra, Advocate. For the Opposite Party/s : Mr. Parmeshwar Mehta, APP. ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 23-01-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in Maner P.S. Case No. 358 of 2017 / Special Case No. 4573 of 2017 registered under Section 30(a) of the Bihar Prohibition and Excise Act, 2016. 10 litres of country made liquor is said to have been recovered from Sohan Rai and 90 litres from different places kept in the bush by the said Sohan Rai which is said to be hailing to the petitioner.

It is submitted by learned counsel for the petitioner that no incriminating article has been recovered from conscious physical possession of the petitioner. The petitioner is neither concerned with the seized liquor nor with the place of occurrence.

Patna High Court Cr.Misc. No.2342 of 2018 (2) dt.23-01-2018 2/2 He was not apprehended on the spot. He has no criminal antecedent. He has been languishing in custody since 12.09.2017. 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 Special Judge (Excise), Patna in connection with Maner P.S. Case No. 358 of 2017 / Special Case No. 4573 of 2017.

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