Mukeshar Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.83647 of 2019 Arising Out of PS. Case No.-696 Year-2019 Thana- GOVERNMENT OFFICIAL COMP. District- Sitamarhi ====================================================== Mukeshar Rai Son of Suraj Rai Resident of Village - Paktola , Ward No.10, P.S.- Dumra, Distt.- Sitamarhi.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Barun Kumar Choudhary For the Opposite Party/s :

Mr.Nand Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 17-12-2019 The petitioner, who is in custody since 15.11.2019 and person of clean antecedents, seeks bail in connection with Case No. C2-696/2019 which has been instituted for the offences under Section 30(a) of the Bihar Prohibition & Excise Act, 2016.

It appears that on secret information, a raid was conducted and from behind the house of the petitioner, a bag containing 202 litres of locally brewed liquor was recovered.

Learned counsel for the petitioner submits that the recovery is from an open space which is accessible to

Patna High Court CR. MISC. No.83647 of 2019(2) dt.17-12-2019 2/2 all and sundry. The petitioner cannot be stated to be in exclusive possession of the liquor which has been recovered.

Considering the aforestated facts, the petitioner, above named, is directed to be released on bail on his furnishing bail bonds of Rs. 10,000/-(Ten Thousands) each with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-II-cum-Special Judge, Excise Act, Sitamarhi in connection with Case No. C2-696 of 2019.

(Ashutosh Kumar, J) Shageer/- U T