Patna High CourtCR. MISC./7062/2019allowed

Brajesh Rai v. The State Of Bihar

2019-02-07Mr. Justice Dinesh Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.7062 of 2019 Arising Out of PS. Case No.-269 Year-2018 Thana- RAJPUR District- Buxar ====================================================== BRAJESH RAI, Son of Brijbihari Rai, Resident of Village - Khandhua Tola, Kusamhra, P.O.- Kusamhara, P.S.- Surajpura, Vikramganj, District- Rohatas. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rajiv Ranjan Kr. Pandey, Adv.

For the Opposite Party/s :

Mr. Ajit Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 07-02-2019 Heard leaned counsel for the petitioner and learned APP for the State.

The petitioner is languishing in custody since 16.11.2018 in a case registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2016. The prosecution case is that 17.280 litres of foreign liquor were recovered which was being carried on a motorcycle by the petitioner and the co-accused, Sarju Singh. It is submitted by learned counsel for the petitioner that the investigation has already been concluded. A statement has been made in paragraph no.3 of the petitioner that the petitioner is not having any criminal antecedent. Learned APP for the State submits that the recovery has been made from the petitioner.

Patna High Court Cr.Misc. No.7062 of 2019(2) dt.07-02-2019 2/2 Considering the fact that the investigation has already been concluded, period under custody, coupled with the statement being made in paragraph no.3 of the petition that the petitioner is not having any criminal antecedent, let the above named petitioner 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 learned A.D.J.-II-cum-Spl. Judge, Excise Act, Buxar in connection with Rajpur P.S. Case No.269 of 2018.

(Dinesh Kumar Singh, J) Deepak/- U T