Ram Dayal Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.24149 of 2018 Arising Out of PS.Case No. -48 Year- 2018 Thana -GOVERNMENT OFFICIAL COMP. DistrictVAISHALI(HAJIPUR) ======================================================

1. Ram Dayal Rai Son of Mahesh Rai Resident of Village - Lawapur Mahnar Ward No. - 9, P.S. - Mahnar, District - Vaishali. .... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Jitendra Narain Sinha For the Opposite Party/s : Mr. Anuj Kumar Srivastava ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 30-04-2018 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) and 37 (b) of the Bihar Prohibition and Excise Act, 2016.

40 liters of country made liquor is said to have been recovered from the car of the petitioner, who happens to be driver cum owner of the car. Petitioner and one Bhanu Kumar were apprehended from the said car.

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 been

Patna High Court Cr.Misc. No.24149 of 2018 (02) dt.30-04-2018 2 / 2 falsely implicated in the said case. He had no knowledge of carrying the aforesaid liquor by its commuter Bhanu Kumar in the vehicle in question. Though one more criminal case is pending against the petitioner but he is on bail in the said case. He has been languishing in custody since 28.02.2018. 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 Additional Sessions Judge-II cum-Special Judge Excise, Vaishali in connection with C2A-48 of 2018.

(Prakash Chandra Jaiswal, J.) Trivedi/- U T