Bechan Rajbhar @ Vechan Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.38510 of 2018 Arising Out of PS.Case No. -137 Year- 2018 Thana -DUMRAUN District- BUXAR ======================================================

1. Bechan Rajbhar @ Vechan Rai S/o Ramdeo Rajbhar, R/o Vill.- Mahraura, P.S.- Dumraon, District- Buxar.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ramakant Yadav For the Opposite Party/s : Mr. Dilip Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 02-07-2018 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) and 41(1) of the Bihar Prohibition and Excise Act, 2016.

140.400 liters of country made liquor is said to have been recovered from the open land located on the bank of the canal and the petitioner who is said to be vending the liquor was apprehended in course of escaping from the aforesaid place. 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 either with the seized liquor or the place of recovery or any trade of

Patna High Court Cr.Misc. No.38510 of 2018 (02) dt.02-07-2018 2/ 2 liquor. He has been falsely implicated in this case by the police merely on suspicion while he was passing through the place of occurrence at the time of occurrence. He has no criminal antecedent and has been languishing in custody since 14.04.2018. 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/ Special Judge Excise Act, Buxar in connection with Dumraon P.S. Case No. 137 of 2018.

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