Kapildeo Rai @ Sitaram Rai v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.32433 of 2018 Arising Out of PS. Case No.-26 Year-2018 Thana- GADHPURA District- Begusarai ====================================================== Kapildeo Rai @ Sitaram Rai S/o Late Ram Bahadur Rai, R/o Vill.- Harakhpur, P.S.- Garhpura, District- Begusarai. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Prabhu Narayan Sharma For the Opposite Party/s :
Mr. Sri Kanhaiya Kishore ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 05-06-2018 Heard learned counsel for the petitioner and the counsel appearing on behalf of the State.
Petitioner is in custody in connection with Garhpura P.S. Case No. 26 of 2018 giving rise to G.R. No. 1062 of 2018 for offenses punishable under section 30(a) of the Bihar Excise and Prohibition Act, 2016.
Learned counsel for the petitioner submits that the petitioner has no criminal antecedent. He further submits that the liquor was recovered from the vehicle out side of house of the petitioner. Learned counsel also submits that the petitioner is neither owner of the vehicle nor owner of the liquor seized in the instant case.
Considering the fact that the petitioner has no criminal antecedent and nothing was recovered from his conscious
Patna High Court Cr.Misc. No.32433 of 2018(2) dt.05-06-2018 2/2 possession, and considering the fact that he is not even owner of the vehicle from where the liquor was seized. He has remained in custody for more than two months i.e. from 25.03.2018. In view of the above, let the petitioner, named above, 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 learned Additional Sessions Judge-II, cum Special Judge, Excise Court, Begusarai, in connection with Garhpura P.S. Case No. 26 of 2018, G.R. No. 1062 of 2018. (Anil Kumar Upadhyay, J) Ravi/- U T