Molbi Rai @ Maulvi Rai @ Summan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.21170 of 2020 Arising Out of PS. Case No.-378 Year-2019 Thana- RIVILGANJ District- Saran ====================================================== MOLBI RAI @ MAULVI RAI @ SUMMAN KUMAR, aged about 21 years, Male, Son of Omprakash Rai, Resident of Village - Semaria Durga Asthan, P.S.- Reveganj, Distt. - Saran ... Petitioner

Versus

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

For the Petitioner :

Mr. Rakesh Kumar, Adv.

For the Opposite Party :

Mr. Nityanand, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 29-06-2020 Mr. Rakesh Kumar, learned counsel appearing on behalf of the petitioner, prays that the defects, as pointed out by Stamp Report, dated 23.06.2020, will be removed within two weeks just after starting the functioning of physical Court. In view of the undertaking, the prayer of the learned counsel for the petitioner is allowed.

Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the state through video conferencing.

The petitioner seeks bail in connection with Revilganj P.S. Case No. 378 of 2019, registered under Sections 188 and 272/34 of the Indian Penal Code and 30, 38 and 41 of the Bihar Prohibition and Excise Act, 2016.

On receiving secret information, the informant, along with other police personnel, reached at the house of Raj Kishore Paswan @ Raj Kishore Manjhi in village Dhelhari. On seeing the police party, one person in fast speed entered into the house, who was apprehended and disclosed his name Raj Kishore

Patna High Court CR. MISC. No.21170 of 2020(2) dt.29-06-2020 2/2 Manjhi. On search, several bottles in volume 73.32 liters Indian made foreign liquor recovered. On query, he disclosed the name of four persons, including the petitioner, indulged in illicit liquor business.

Submission is that petitioner was not apprehended on spot and his name has come in the confessional statement of coaccused, Raj Kishore Manjhi, from whose house the Indian made foreign liquor said to be recovered. Further, submission is that the petitioner is in custody since 25.03.2020. Having regard to the facts and circumstances of the case, let the petitioner, above named be released on bail on furnishing bail bond of Rs.10,000/- (rupees ten thousand) with two sureties of the like amount each in connection with Revilganj P.S. Case No. 378 of 2019 to the satisfaction of the Additional Sessions Judge II-cum-Special Judge, Excise, Saran at Chapra.

(Rajendra Kumar Mishra, J) Shamshad/- U T