Patna High CourtCR. MISC./553/2019allowed

Lallan Rai v. The State Of Bihar

2019-01-16Mr. Justice Dr. Anil Kumar Upadhyay2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.553 of 2019 Arising Out of PS. Case No.-357 Year-2018 Thana- DARIYAPUR District- Saran ====================================================== Lallan Rai S/o Late Achhuta Rai R/o Villag- Sarnarayan, P.S.- Dariyapur, District- Saran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Gajendra Kumar Singh For the Opposite Party/s :

Mr.Sri S. Ehteshamuddin ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 16-01-2019 Heard learned counsel for the petitioner and the counsel appearing on behalf of the State.

Petitioner is in custody in connection with Dariyapur P.S. Case No. 357 of 2018 for the offence under sections 30, 30(a), 38, 41 of Bihar Prohibition and Excise Act. Learned counsel appearing on behalf of the petitioner would submit that the petitioner has no criminal antecedent. He further submits that in the instant case four persons have been arrested and total 2557 liters of foreign liquor was recovered. Learned counsel submits that the petitioner is innocent. He was going to Dariyapur market for purchase of food materials. He gathered near the DCM vehicle, saw the police over there and on refusal to become witness to the seizure, he has been made accused in the instant case.

Patna High Court Cr.Misc. No.553 of 2019(2) dt.16-01-2019 2/2 Petitioner is in custody since 4.11.2018.

Considering the fact that petitioner has no criminal antecedent, let the petitioner, named above, be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of 6th Additional Sessions Judge-cum- Special Judge (Excise), Saran , in connection with Dariyapur P.S. Case No. 357 of 2018 subject to the condition that one of the bailors should be local representative of the local body.

(Anil Kumar Upadhyay, J) Ravi/- U T