Sri Sahani @ Sri Ram Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.71655 of 2019 Arising Out of PS. Case No.-140 Year-2019 Thana- TARIYANI CHOWK District- Sheohar ====================================================== SRI SAHANI @ SRI RAM KUMAR Son of Sukhari Sahani Resident of Village - Kushahar, P.S.- Triyani, District- Sheohar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sheo Kumar Prasad, Advocate For the Opposite Party/s :

Mr.Ramesh Chandra ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 11-12-2019 Heard the learned counsel for the petitioner and the State.

The petitioner seeks bail in connection with Tariyani P.S. Case No. 140 of 2019 dated 21.07.2019 instituted for the offence under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

It appears that 136 litres of liquor has been recovered from the cattle house of the petitioner. It has been submitted that the cattle house is used by the community at large and is accessible to all and sundry. Thus, even if the allegation is accepted to be true, the petitioner cannot be said to be in constructive possession of the liquor which is said to have been recovered.

Considering the fact that the petitioner is in

Patna High Court CR. MISC. No.71655 of 2019(2) dt.11-12-2019 2/2 custody since 23.09.2019, he is directed to be released on bail on his furnishing bail bonds in the sum of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional District and Sessions Judge-cum-Special Judge Ist, Sheohar in connection with Tariyani P.S. Case No. 140 of 2019.

(Ashutosh Kumar, J) krishna/- U T