Patna High CourtCR. MISC./34242/2018bail granted

Raj Kumar Mahto v. The State Of Bihar

2018-06-20Mr. Justice Prakash Chandra Jaiswal2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.34242 of 2018 Arising Out of PS.Case No. -130 Year- 2018 Thana -BIBHUTIPUR District- SAMASTIPUR ====================================================== Raj Kumar Mahto S/o Late Ramotar Mahto, R/o Vill.- Surauli, P.S.- Vibhutipur, District- Samastipur.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Satya Ranjan Sinha For the Opposite Party/s : Mr. Sri Shailendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 20-06-2018 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 Sections 30(a), 38 and 47 of the Bihar Prohibition and Excise Act, 2016.

8.5 litres of foreign liquor is said to have been recovered from the straw house located beside 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 straw house from where the said liquor is said to have been recovered is open and easily accessible to

Patna High Court Cr.Misc. No.34242 of 2018 (2) dt.20-06-2018 2/2 anyone and the petitioner had no knowledge of keeping of the aforesaid liquor in the said house. He has no criminal antecedent. He has been languishing in custody since 13.05.2018. 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 Addl. Sessions Judge 6th cum Special Judge, Excise, Samastipur in connection with Vibhutipur P.S. Case No. 130 of 2018.

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