Patna High CourtCR. MISC./9891/2019bail granted

Vijay Rai v. The State Of Bihar

2019-02-20Mr. Justice Ashutosh Kumar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.9891 of 2019 Arising Out of PS. Case No.-474 Year-2018 Thana- BIHTA District- Patna ====================================================== Vijay Rai Son of Sant Lal Rai Resident of Village - Dumariya, P.S.-Bihta, District - Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sunit Kumar Srivastava, Adv.

For the Opposite Party/s :

Mr. Madan Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 20-02-2019 Heard the learned counsel for the petitioner and the State.

The petitioner seeks bail in anticipation of his arrest in connection with Bihta P.S. Case No. 474/2018 dated 06.05.2018 instituted for the offence under Section 30(a) of the Bihar Prohibition & Excise Act, 2016.

50 litres of liquour is said to have been recovered from an Orchard of which the petitioner is not the owner. From the perusal of the prosecution report it appears that two persons were spotted running away on the arrival of the police party. One of the arrested

Patna High Court Cr.Misc. No.9891 of 2019(2) dt.20-02-2019 2/3 persons disclosed the name of the petitioner as the one who could manage to run away.

Learned counsel for the petitioner has submitted that even if the aforesaid statement is taken into account, the only evidence against the petitioner is of a confession of an arrested co-accused person. There is no recovery either from the petitioner or from his constructive possession.

Regard being had to the aforesaid facts and also taking into account the clean antecedent of the petitioner, he is directed to be released on bail, in the event of his arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, on his furnishing bail bonds in the sum of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Special Judge Excise, Patna in connection with Bihta P.S. Case No. 474/2018, subject to the conditions as laid down under Section

Patna High Court Cr.Misc. No.9891 of 2019(2) dt.20-02-2019 3/3 438(2) Cr.P.C.

(Ashutosh Kumar, J) vinita/- U T