Patna High CourtCR. MISC./19076/2020bail granted

Awadhesh Rai @ Awdhesh Rai v. The Sate Of Bihar

2020-05-14Mr. Justice Partha Sarthy2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No. 19076 of 2020 Arising Out of PS. Case No.-416 Year-2019 Thana- Desari District- Vaishali ====================================================== Awadhesh Rai @ Awdhesh Rai (male) aged about 35 years, s/o Late Rajendra Rai, R/o Village Ganiyari, P.S. Desari, District Vaishali ... ... Petitioner

Versus

1. The State of Bihar

2. Manoj Kumar Thakur, ASI, Desari Police Station, District - Vaishali ... ... Opposite Parties ====================================================== Appearance :

For the Petitioner/s : Mr. Dharmendra Kr. Paswan, Adv.

For the Opposite Party/s :

Ms. Rita Verma, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 14-05-2020 Heard learned counsel for the petitioner and learned APP for the State, through video conferencing. The petitioner who is in custody since 26.12.2019 has filed the instant application for grant of bail in connection with Desari P.S. Case No. 416 of 2019 registered under section 30(a) of the Bihar Prohibition and Excise Act, 2016. As per allegation in the FIR, it is stated that on secret information having been received, search of vehicle started. Two motorcycles were seen coming and were signalled to stop. While three accused persons managed to escape, two accused persons including the petitioner were caught and a total of 70 litres of country liquor was recovered.

It is submitted by learned counsel for the petitioner

Patna High Court CR. MISC. No.19076 of 2020(2) dt.14-05-2020 2/2 that the allegation of recovery, as made in the FIR, are false and concocted. The petitioner has no concern with the seized motorcycles or the country made liquor. He has no criminal antecedent and is in custody since 26.12.2019. The application for bail is opposed by learned APP for the State.

Having heard learned counsel for the parties and taking into consideration the fact that the petitioner has no criminal antecedent and his being in custody since 26.12.2019, the court is inclined to enlarge the petitioner on bail. The petitioner is directed to be enlarged on bail in connection with Desari P.S. Case No. 416 of 2019 on furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge II-cumExcise Court, Vaishali at Hajipur. (Partha Sarthy, J) Sushma/- U T