Chandra Kishor Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.3376 of 2020 Arising Out of PS. Case No.-215 Year-2019 Thana- PATAHI District- East Champaran ====================================================== Chandra Kishor Rai Son of Yogendra Rai Resident of Village - Champapur, P.S.- Patahi, Distt - East Champaran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ajay Kumar Singh For the Opposite Party/s :

Mr.Nand Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 2.

10-06-2020 Heard learned counsel for the parties through video conferencing.

The petitioner seeks bail in Patahi P.S. Case No. 215 of 2019 registered for the offence under Sections 30(a), 37(d), 38, 41 of the Bihar Prohibition and Excise Act, 2016. As per prosecution case, 2.4 liters of Nepali Saufi wine and 1.26 liters of foreign liquor are said to have been recovered from a poultry farm and the apprehended two accused have disclosed the name of petitioner, as the person, who fled away from the spot.

It is submitted on behalf of petitioner that petitioner has falsely been implicated and nothing has been recovered from his conscious possession. Name of petitioner has come only on confession of co-accused. It is further submitted that

Patna High Court CR. MISC. No.3376 of 2020(2) dt.10-06-2020 2/2 petitioner is neither owner of said poultry farm nor he has got any connection with the seized liquor. Petitioner has no criminal antecedent, as stated in paragraph - 3 of the petition. Considering the aforesaid facts and circumstances, the bail application is allowed.

Let the above-named petitioner be enlarged on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge, Excise, Motihari, East Champaran in connection with Patahi P.S. Case No. 215 of 2019, subject to condition as laid down under Section 438(2) of the Cr.P.C. (Prabhat Kumar Singh, J.) anay U T