Virendra Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.14788 of 2022 Arising Out of PS. Case No.-95 Year-2021 Thana- SUPPI District- Sitamarhi ====================================================== Virendra Rai, Son Of Baidyanath Rai Resident Of Village - Sonakhan, P.S.- Suppi, District - Sitamarhi.

... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr. Birendra Kumar For the Opposite Party/s :

Dr. Kumar Uday Pratap ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 16-06-2022 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in anticipation of his arrest in a case registered for the offences punishable under Sections 30(a) of the Excise Act, 2018.

The learned counsel for the petitioner submits that the petitioner has antecedent of one case under the Excise Act and the allegation is of recovery of 344.700 litre of liquor from the place of occurrence which is in front of the house of Suresh Sah and near Bagmati river.

The learned counsel for the petitioner submits that admittedly, the petitioner was not apprehended from the spot and nothing was recovered from his conscious possession. It is next submitted that the name of the petitioner was disclosed by

Patna High Court CR. MISC. No.14788 of 2022(2) dt.16-06-2022 2/2 the local Chaukidar with whom he was on an inimical term. Learned A.P.P. opposes the bail application.

Considering the submissions made by the learned counsel for the petitioner and the fact that nothing was recovered from his conscious possession, nor petitioner was apprehended from the spot, the petitioner above-named, in the event of his arrest or surrender before the learned Court below within a period of six weeks, is directed to be released on bail on his furnishing bail-bonds in the sum of Rs. 2,000/- (Rupees Two Thousand) with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending in connection with Suppi P. S. Case No.95 of 2021, subject to the conditions laid down under Section 438(2) of the Cr.P.C.

The application stands allowed.

(Satyavrat Verma, J) vikash/- U T