Patna High CourtCR. MISC./19104/2019bail granted

Chandra Shekhar Rai @ Chandesh Rai @ Makhan @ Chandeshwar Rai v. The State Of Bihar

2019-04-01Mr. Justice Dinesh Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.19104 of 2019 Arising Out of PS. Case No.-72 Year-2019 Thana- KHAJEKALA District- Patna ====================================================== Chandra Shekhar Rai @ Chandesh Rai @ Makhan @ Chandeshwar Rai, Son of Ram Bachan Rai, Resident of Mohalla - Bijali Office, Patna City, P.S. Khajekalan, District - Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rudal Singh For the Opposite Party/s :

Mr.Sucheta Yadav ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 01-04-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is languishing in custody since 06.02.2019 in a case registered for the offence punishable under Section 30(a) of the Bihar Prohibition & Excise Act, 2016. It is alleged that from the house of the petitioner, 13.500 litres of illicit country made liquor were recovered. It is submitted by learned counsel for the petitioner that the recovery has not been made from the conscious physical possession of the petitioner rather the recovery has been made from the joint family house of the petitioner and a statement has been made in paragraph 3 of the petition that the petitioner is not having any criminal antecedent.

Patna High Court CR. MISC. No.19104 of 2019(2) dt.01-04-2019 2/2 Learned APP submits that the recovery has been made from the house of the petitioner.

Considering the quantity of recovery and period under custody, coupled with the statement made in paragraph 3 of the petition that the petitioner is not having any criminal antecedent, 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 Special Judge, Excise, Patna in connection with Special Case No. 1334 of 2019, arising out of Khajekalan P.S. Case No. 72 of 2019. (Dinesh Kumar Singh, J) DKS/- U T