Barun Kumar Rai @ Barun Kumar Ram v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.9926 of 2019 Arising Out of PS. Case No.-196 Year-2018 Thana- BENIPATTI District- Madhubani ====================================================== Barun Kumar Rai @ Barun Kumar Ram S/o Murli Ram @ Murli Rai villageUchaith, P.S-Benipatti, Distt.-Madhubani. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Baidya Nath Thakur, Advocate For the Opposite Party/s :
Mr. Parmanand Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 19-02-2019 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
The petitioner is apprehending his arrest in a case registered for the offences punishable under Section 30(a) of Bihar Prohibition and Excise Act, 2016.
Recovery of liquor is not from the conscious possession of the petitioner. The petitioner has got no criminal antecedent. During investigation someone disclosed that the liquor was of the petitioner.
Considering the fact that there is no direct evidence against the petitioner, let the petitioner, above named, in the event of his arrest or surrender before the Court below within a period of thirty days from the date of receipt of the order, be released on bail on furnishing bail bond of Rs.20,000/- (Twenty
Patna High Court Cr.Misc. No.9926 of 2019(2) dt.19-02-2019 2/2 Thousand) with two sureties of the like amount each to the satisfaction of the Court-below where the case is pending in connection with Benipatti Police Station Case No. 196 of 2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure as well as condition that the petitioner shall fully cooperate with the investigation of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioner.
(Birendra Kumar, J) Mkr./- U T