Raja Das v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.7764 of 2019 Arising Out of P.S. Case No.-377 Year-2018 Thana- AMARPUR District- Banka ====================================================== RAJA DAS, aged about 22 years, male, Son of Nanku Das Resident of Village- Harijan Tola, Amarpur, Ward No. 10, P.S.- Amarpur, District- Banka. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shree Niwas Singh, Advocate For the Opposite Party/s :

Mr.Arun Kumar, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 11-02-2019 Heard the learned counsel for the petitioner and learned counsel appearing on behalf of the State. Petitioner seeks bail in connection with Amarpur P.S.Case No.377 of 2018 for the offence alleged under Section 30(a) of the Bihar Prohibition and Excise Act,2016. The prosecution case as lodged by the police personnel is that during checking of vehicle, the petitioner along with another co-accused were apprehended who were in a motorcycle. From the possession of the petitioner, 22 litres of country made wine was recovered. Accordingly, a seizure list was prepared.

It has been submitted by the learned counsel for the petitioner that he is innocent, has been falsely implicated in the aforesaid case and the petitioner is languishing in judicial

Patna High Court Cr.Misc. No.7764 of 2019(6) dt.11-02-2019 2/2 custody since 22.11.2018.

However, learned APP for the State opposes the prayer for bail stating therein that the petitioner does not bear a clean antecedent and one more case of similar nature is pending against him.

Considering the facts and circumstances and the materials on record, 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 Amarpur P.S.Case No.377 of 2018 to the satisfaction of learned Additional District & Sessions Judge-II, Banka, subject to the condition that if the petitioner indulges in an offence of similar nature in future, the prosecution will be at liberty to move the learned court below for cancellation of his bail bonds.

(Nilu Agrawal, J) B.Kr./- U T