Ramnath Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.1496 of 2020 Arising Out of PS. Case No.-530 Year-2019 Thana- RUNISAIDPUR District- Sitamarhi ====================================================== RAMNATH RAI, aged about 24 years, Male, Son of Ratneshwar Ray, Resident of Village- Koahi, Ward No. 14, P.S.- Runnisaidpur, DistrictSitamarhi ... Petitioner

Versus

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

For the Petitioner :

Mr. Pushpendra Kumar Singh, Adv.

For the Opposite Party :

Mr. Dashrath Mehta, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 14-01-2020 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the state.

The petitioner seeks bail in connection with Runnisaidpur P.S. Case No. 530 of 2019, registered under Sections 30(a), 38(i) and 41 of the Bihar Prohibition and Excise Act, 2016.

The accusation is that on receiving secret information about carrying the liquor from Swift Dezire vehicle near DAV School, Runnisaidpur, Sitamarhi, the informant, along with other police personnel, proceeded towards the direction. On seeing the police party, one person started to flee away from Swift Dezire car, but, on chase, he was apprehended, who disclosed his name Ramnath Rai (petitioner). At that time, a semi constructed house situated near DAV School belonging to Harendra Rai was search from where 26 bottles, each containing

Patna High Court CR. MISC. No.1496 of 2020(2) dt.14-01-2020 2/2 375 ml, 12 bottles, each containing 750 ml Indian made foreign liquor recovered while on search of Swift Desire, no incriminating document recovered.

Submission is that the petitioner is not the owner of Swift Dezire, he, merely, on suspicion, apprehended near the place of occurrence and the petitioner is in custody since 12.12.2019.

Having regard to the facts and circumstances of the case, let the petitioner, above named be released on bail on furnishing bail bond of Rs.10,000/- (rupees ten thousand) with two sureties of the like amount each in connection with Runnisaidpur P.S. Case No. 530 of 2019 to the satisfaction of the Additional District Judge II-cum-Special Judge, Excise, Sitamarhi.

(Rajendra Kumar Mishra, J) Shamshad/- U T