Biran Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.17209 of 2020 Arising Out of PS. Case No.-405 Year-2018 Thana- BIHTA District- Patna ====================================================== BIRAN RAI Son of Late Ramashish Rai Resident of Pathloutiya, P.S.-Bihta, District-Patna.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ghanshyam Tiwary For the Opposite Party/s :

Mr. Md. Arif, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 14-05-2020 Heard learned counsel for the petitioner and learned APP for the State through video conference.

2. The petitioner is in custody since 19.01.2020 in connection with Special Case No. 3855 of 2018 arising out of Bihta P.S. Case No. 405 of 2018 for the alleged offences under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

3. It is submitted that the petitioner has been falsely implicated in connection with recovery of 600 litres of Mahua Java and 100 litres of illegal wine from village Amanabad Bandh of Sone river. It is submitted that the petitioner has no concern with the bhatthi nor with the incriminating articles found there. The petitioner claims clean antecedents.

4. Learned APP appears and opposes the petition.

5. Be that as it may and having regard to the period of

Patna High Court CR. MISC. No.17209 of 2020(2) dt.14-05-2020 2/2 custody already suffered since 19.01.2020, let the petitioner above named 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 Act, Patna in in connection with Special Case No. 3855 of 2018 arising out of Bihta P.S. Case No. 405 of 2018, if he is not otherwise required in any other case.

(Vikash Jain, J) HR/- U T