Chandan Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.79426 of 2018 Arising Out of PS. Case No.-447 Year-2018 Thana- DARBHANGA SADAR DistrictDarbhanga ====================================================== Chandan Rai son of Mohan Rai, resident of village-Garahan, P.S. Ahiyapur, District-Muzaffarpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.S. Jamil Akhtar For the Opposite Party/s :

Smt. Rita Verma ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 18-01-2019 Heard the learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks regular bail in connection with Sadar (Sonki O.P.) P.S. Case No. 447 of 2018 registered for the offence punishable under Sections 30(a), 32(2) (3) and 41of the Bihar Excise (Amendment) Act, 2016.

The allegation is regarding recovery of 132 litres of illicit liquor from the Auto of the petitioner. The learned counsel for the petitioner submits that the petitioner has been falsely implicated in the present case , he is having a clean antecedent and he was merely driving the Auto whereas the said illicit liquor was packed in a carton which was loaded by the passenger, hence the petitioner did not have the knowledge about the contents of cartons. The petitioner

Patna High Court Cr.Misc. No.79426 of 2018(2) dt.18-01-2019 2/2 is stated to be languishing in custody since 05.11.2018. Having regard to the facts and circumstances of the case, the petitioner, above named, is directed to be released on regular bail on furnishing bail bond of Rs. 10,000/- (Rs. Ten thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge, Excise Act-cum-IVth Additional Sessions Judge, Darbhanga in connection with Sadar (Sonki O.P.) P.S. Case No. 447 of 2018. (Mohit Kumar Shah, J) S.Sb/- U T