Nunu Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.21056 of 2020 Arising Out of PS. Case No.-56 Year-2019 Thana- KATRA District- Muzaffarpur ====================================================== Nunu Rai, aged about 36 years, Gender-Male, S/o Mahabir Rai Resident of Village-Anyapur, P.S.-Katra, District-Muzaffarpur. ... ... Petitioner

Versus

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

For the Petitioner :

Mr.Ajay Kumar Thakur, Advocate For the Opposite Party :

Mr.Manoj Kumar, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 20-07-2020 Heard learned counsel for the petitioner and learned Additional Public Prosecutor appearing on behalf of the State. The petitioner is apprehending arrest in connection with Katra P.S. Case No. 56 of 2019 for offences under Sections 272 and 273 of the Indian Penal Code and Section 30(a), 38(1) of the Bihar Prohibition and Excise Act, 2016. Learned counsel for the petitioner would submit that petitioner was earlier made accused in other cases but in none of the cases there is any recovery of liquor from the house of the petitioner or from his conscious possession. In the present case 5.5 litres of liquor was allegedly seized from the house of Pappu who disclosed the name of the petitioner that he has provided liquor for sale.

Patna High Court CR. MISC. No.21056 of 2020(2) dt.20-07-2020 2/2 Considering the fact that nothing was recovered from the house of the petitioner, the Court is inclined to grant bail to him subject to the condition that the petitioner has to deposit Rs.25,000/- in cash. On depositing the amount of Rs.25,000/-, petitioner, above-named, in the event of arrest or surrender within one month from today, shall be released on bail on furnishing bail bond of Rs.25,000/- (Rupees twenty five thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge (Excise Act), Muzaffarpur in connection with Katra P.S. Case No. 56 of 2019, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. Deposit of Rs.25,000/- (Rupees twenty five thousand) shall abide by final outcome of the instant criminal case. (Anil Kumar Upadhyay, J) BT/- U T