Kameshwar Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.7818 of 2023 Arising Out of PS. Case No.-311 Year-2021 Thana- CHIRAIYA District- East Champaran ====================================================== KAMESHWAR RAI Son of Late Jiya Lal Rai R/v- Mohaddipur, P.S.- Chiriya, Dist- East Champaran, Motihar ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Anshu Dhar Sharma, Advocate For the Opposite Party/s :

Mr.Akshay Lal Pandit, Addl Public Prosecutor ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 18-04-2023 Heard learned counsel for the petitioner and the State. Petitioner apprehends arrest in a case registered for the offence punishable under Section 30(a)(c) (d) of the Bihar Prohibition and Excise Act and sections 272 and 273 of the IPC. Prosecution case is that 60 liters country made liquor and other materials for preparing liquor were recovered near canal.

Learned counsel appearing for the petitioner submits that no incriminating material has been recovered from the conscious possession of the petitioner and he is no way connected with the aforesaid recovery. Petitioner has got no criminal antecedent.

Considering the facts of the case, in the event of arrest/surrender within six weeks from today, let the petitioner,

Patna High Court CR. MISC. No.7818 of 2023(2) dt.18-04-2023 2/2 above named, be released 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 Exclusive Special Judge, Excise Court No.1, Motihari, East Champaran in Chiraiya Police Station Case No. 311 of 2021, subject to the conditions laid down under section 438(2) of the Code of Criminal Procedure. (Prabhat Kumar Singh, J) Shashi U T