Uma Shankar Rai And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.9504 of 2019 Arising Out of PS. Case No.-204 Year-2018 Thana- KALYANPUR District- East Champaran ======================================================

1. UMA SHANKAR RAI, Son of Late Jagdish Rai,

2. Satyendra Rai, Son of Late Nandkishore Rai, both R/o village- Jamunapur , P.S- Kalyanpur, District- East Champaran ... ... Petitioners

Versus

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

For the Petitioner/s :

Mr.Umesh Chandra Verma For the Opposite Party/s :

Ms.Meena Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 19-02-2019 Petitioners seek bail in anticipation of their arrest in connection with Kalyanpur P.S. Case No. 204 of 2018 registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act. Allegation is of recovery of 7.92 litres of liquor from in front of house of co-accused Mohan Rai and petitioners are named in the FIR.

Submission of learned counsel for the petitioners is that nothing has been recovered from the possession of the petitioners and though petitioner No.2 has criminal antecedent and has been made accused in one more case of similar type but petitioner No.1 has no

Patna High Court Cr.Misc. No.9504 of 2019(2) dt.19-02-2019 2/3 criminal antecedent.

Heard learned APP also.

Having heard both sides and in the facts and circumstances, let petitioner No.1, above named, in the event of arrest or surrender within a period of six weeks from the receipt of this order, be released on bail on furnishing bail bond of Rs.25,000/- (Rupees twenty five thousand) with two sureties of the like amount each to the satisfaction of the Additional Sessions Judge-VIIcum-Special Judge, Excise, East Champaran, Motihari, in connection with Kalyanpur P.S. Case No. 204 of 2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure and further condition that one of the bailors of the petitioner shall be a local person having sufficient immoveable properties within the jurisdiction of the court concerned. So far petitioner No.2 is concerned, he should surrender and pray for regular bail, which shall be considered on its own merit, without being prejudiced by this Court, and, if possible, to be disposed of on the

Patna High Court Cr.Misc. No.9504 of 2019(2) dt.19-02-2019 3/3 same day.

With the above observation, this application is disposed of.

(Vinod Kumar Sinha, J) spal/- U T