Ram Binod Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.7986 of 2018 Arising Out of PS.Case No. -101 Year- 2016 Thana -HATHAURI District- MUZAFFARPUR ====================================================== Ram Binod Sah, S/o Late Sukhdeo Sah, R/o Village- Berai, P.S.- Hathauri, District- Muzaffarpur.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr.

For the Opposite Party/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER ------------- 08-02-2018 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks bail in connection with Hathauri P.S. Case No.101 of 2016 registered under Sections 272, 273 and 290 of the Indian Penal Code besides Sections 47, 47(A), 48(II), 51, 53, 57 of the Bihar Excise Act.

The accusation is of recovery of 58 bottles, each containing 375 ml. Indian Made Foreign Liquor, from the newly constructed house of the petitioner.

Learned counsel appearing on behalf of the petitioner submits that it would appear from the F.I.R. that the alleged recovery was not made from the conscious possession of the

Patna High Court Cr.Misc. No.7986 of 2018 (2) dt.08-02-2018 2/2 petitioner and the petitioner was not apprehended on the spot. The petitioner having no criminal antecedent is in custody since 04.12.2017.

Having regard to the facts and the circumstances of the case, the petitioner, above named, is directed to be released on bail on furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the Special Judge, Excise, Muzaffarpur, in connection with Hathauri P.S. Case No.101 of 2016.

(Rajendra Kumar Mishra, J) P.S./- U T