Mukesh Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.48742 of 2018 Arising Out of PS.Case No. -245 Year- 2018 Thana -SARAIYA District- MUZAFFARPUR ====================================================== Mukesh Rai, S/o Late Ramdeo Rai, resident of Village- Basantpur Patti, P.S.- Saraiya, District- Muzaffarpur.

.... .... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s : Mr. Chandra Shekhar Anand For the Opposite Party/s : Mr. Amrendra Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 09-08-2018 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner seeks bail in a case registered for the offence punishable under Sections 272 and 273 of the Indian Penal Code and Sections 30(a), 38 and 41 of the Bihar Prohibition and Excise Act, 2016.

144 litres of foreign liquor is said to have been recovered from the room of the house 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 liquor. The room from where the said liquor is said

Patna High Court Cr.Misc. No.48742 of 2018 (2) dt.09-08-2018 2/2 to have been recovered has been let out by him to one Raja Rai and the petitioner had no knowledge of keeping of the liquor in the said room by the aforesaid tenant. He has been falsely implicated in the case merely because he happens to be owner of the said house. He has no criminal antecedent. He has been languishing in custody since 14.07.2018.

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 Special Judge, Excise, Muzaffarpur in connection with Saraiya P.S. Case No. 245 of 2018.

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