Badri Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous Case No.10368 of 2020 ========================================================= Badri Rai, aged about 19 years, male son of Bishwanath Rai, resident of village Jhunjhunwala Road, P.S.: Danapur, District-Patna ................

Petitioner

Versus

The State of Bihar ................. Opposite party ========================================================= Appearance For the Petitioner : Mr. Arvind Kumar, Advocate For the State : Dr. Ajit Kumar, APP ========================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 13.05.2020 Heard learned counsel for the petitioner and learned A.P.P for the State, through video conferencing.

The petitioner who is in custody since 18.11.2019 has filed the instant application for grant of bail in connection with Special Case no. 10269 of 2019 arising out of Danapur P.S. Case no. 888 of 2019 registered for offence under section 30(a) of the Bihar Prohibition and Excise Act, 2016.

As per allegation in the F.I.R., on secret information having been received, the police caught hold of two accused persons ie the petitioner herein and one Mukesh Rai and recovered 50 litres of country liquor.

It is submitted by learned counsel for the petitioner that contrary to the allegation, no recovery has taken place. The FI.R.

named co-accused Mukesh Rai has been enlarged on bail by order dated 14.1.2020 passed in Cr.Misc.no.86641 of 2019. The petitioner has no criminal antecedent and is in custody since 18.11.2019.

The application for bail is opposed by learned A.P.P. for the State.

Having heard learned counsel for the parties and taking into consideration the fact of the petitioner being in custody since 18.11.2019, having no criminal antecedent and grant of bail to the co-accused, this Court is inclined to enlarge the petitioner on bail. The petitioner is directed to be enlarged on bail in connection with Special Case no. 10269 of 2019 arising out of Danapur P.S. Case no.888 of 2019 on furnishing bail bond of Rs.10,000/- with two sureties of the like amount each to the satisfaction of the learned Special Judge (Excise), Patna (Partha Sarthy, J) Bibhash U T