Patna High CourtCR. MISC./8718/2019bail granted

Surendra Rai v. The State Of Bihar

2019-02-14Mr. Justice Dinesh Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.8718 of 2019 Arising Out of PS. Case No.-1450 Year-2018 Thana- BIHTA District- Patna ====================================================== Surendra Rai, aged about 25 years (Male), Son of Shikeshwar Rai, R/oPathlautia, P.S.-Bihta, District - Patna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ghanshyam Tiwary For the Opposite Party/s :

Mr.Madan Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 14-02-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is languishing in custody since 05.01.2019 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 the petitioner along with other co-accused persons was found inebriated condition while driving the motorcycle and they were carrying 70 litres of illicit country made Mahua liquor which was seized.

It is submitted by learned counsel for the petitioner that the motorcycle is not registered in the name of the petitioner and a statement has been made in paragraph 3 of the petition that the petitioner is not having any criminal antecedent.

Patna High Court Cr.Misc. No.8718 of 2019(2) dt.14-02-2019 2/2 Learned APP submits that the recovery has been made from the petitioner.

Considering the period under custody coupled with the statement made in paragraph 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 Special Judge, Excise Act, Patna in connection with Special Case No. 82 of 2019, arising out of Bihta P.S. Case No. 1450 of 2018.

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