Binod Rai @ Bantha Rai v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.23440 of 2021 Arising Out of PS. Case No.-246 Year-2019 Thana- JANDAHA District- Vaishali ====================================================== BINOD RAI @ BANTHA RAI SON OF BAHARAN RAI R/O VILLAGEMUTURZAPUR, P.S.- JANDAHA, DISTRICT- VAISHALI, BIHAR. ... ... Petitioner/s
Versus
THE STATE OF BIHAR BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Prakash Chandra, Adv.
For the Opposite Party/s :
Mr. A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 16-11-2021 Let the defects, as pointed out by the office, be removed within four weeks of starting of Court proceeding in physical mode in normal course.
Heard learned counsel for the petitioner and the learned A.P.P. for the State.
The petitioner seeks bail in connection with Jandaha P.S. Case No. 246 of 2019 for the offence under Sections 30A, 38(1), 41(i) of the Bihar Excise Amendment Act and Section 414 of the Indian Penal Code. The case relates to recovery of 777.6 liters country made foreign liquor from the Pickup.
Learned counsel appearing for the petitioner submits that petitioner is innocent and has not committed
Patna High Court CR. MISC. No.23440 of 2021(2) dt.16-11-2021 2/2 any offence. In fact, nothing has been recovered from the conscious possession of the petitioner. Charge-sheet has been submitted in the present case and there is no chance of tampering with the witnesses. The petitioner is rotting in judicial custody since 30.11.2020.
Learned A.P.P. for the State has opposed the prayer for bail of the petitioner.
Considering the facts and circumstances of the case, 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 Additional District Judge-II -cum- Special Judge, Vaishali at Hajipur in connection with Jandaha P.S. Case No. 246 of 2019.
(Rajesh Kumar Verma, J) braj/- U T