Umesh Rai @ Umesh Kumar Yadav @ Jali Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.17984 of 2023 Arising Out of PS. Case No.-796 Year-2022 Thana- SONEPUR District- Saran ====================================================== Umesh Rai @ Umesh Kumar Yadav @ Jali Rai, Son Of Satya Narayan Rai Resident Of Village - Murthan, P.S.- Sonepur, Distt.- Saran At Chapra ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr. Vijay Kumar For the Opposite Party/s :

Mr. Madan Kumar Ms. Rajani Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 10-05-2023 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 Section 30(a) of the Excise Act.

The learned counsel for the petitioner submits that the petitioner is a person with clean antecedent and the allegation is of recovery of 30 litre of liquor from Bamboo clump. The learned counsel for the petitioner submits that petitioner was not arrested from the spot, as such, nothing was recovered from his conscious possession. It is next submitted that even the Bamboo clump does not belong to the petitioner and he came to be implicated based on disclosure made by the

Patna High Court CR. MISC. No.17984 of 2023(2) dt.10-05-2023 2/2 local people, but then the F.I.R. does not disclose the name of the local people which creates doubt with regard to the veracity of the allegation as alleged in the F.I.R., when petitioner, admittedly, is a person with clean antecedent. Learned A.P.P. opposes the bail application.

Considering the submissions made by the learned counsel for the petitioner, 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. 1,000/- (Rupees One Thousand) with two sureties of the like amount each to the satisfaction of the learned A.D.J.-X-cum-Special Judge Excise, Saran at Chapra in connection with Sonepur P. S. Case No.796 of 2022, 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