Patna High CourtCR. MISC./25261/2021bail granted

Sonelal Rai v. The State Of Bihar

2021-09-13Mr. Justice Birendra Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.25261 of 2021 Arising Out of PS. Case No.-345 Year-2017 Thana- GOVERNMENT OFFICIAL COMP. District- Muzaffarpur ====================================================== SONELAL RAI, Son of Late Bhuneshwar Rai, Resident of Village - Harpur Juneda, P.S. - Motipur, District - Muzaffarpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mrs. Nitu Kumari, Advocate For the Opposite Party/s :

Mr. Shyam Kumar Singh, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 13-09-2021 Heard the parties in virtual Court.

Let the defect(s), if any, be removed within four weeks after start of the physical Court.

Petitioner seeks bail in a case registered for the offences punishable under Sections 30(a), 32(2) and 38 of the Bihar Prohibition and Excise Act.

Recovery of liquor is alleged from a truck and a Bolero vehicle.

Submission is that the petitioner was not there at the time of recovery nor the vehicles belongs to the petitioner. Moreover, the prosecution report has been submitted without proper investigation of the case. Petitioner is in custody since 22.12.2020. Investigation of the case against the petitioner is already complete.

Patna High Court CR. MISC. No.25261 of 2021(2) dt.13-09-2021 2/2 Though the petitioner has got an identical criminal antecedent, however, in this case there is no direct material against the petitioner. Hence, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court below where the case is pending in connection with Excise Case No. 345 of 2017 (P.R. No. 21/2017-18), Muzaffarpur, subject to the following conditions:- (a) The petitioner shall fully cooperate with the investigation/trial of the case, failing which the learned court below shall be at liberty to cancel the bail bond of the petitioner. (b) Both the bailors shall be resident of territorial jurisdiction of the learned court below.

(Birendra Kumar, J) Kundan/- U T