Patna High CourtCR. MISC./22990/2019bail granted

Amarnath Rai v. The State Of Bihar

2019-04-10Justice Smt. Nilu Agrawal2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.22990 of 2019 Arising Out of PS. Case No.-87 Year-2019 Thana- TEGHRHA District- Begusarai ====================================================== AMARNATH RAI, aged about 46 years, Son of Late Chandrashekhar Rai, Resident of Village- Mushahari, Ward No. 3, P.S.- Teghra, District- Begusarai ... Petitioner

Versus

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

For the Petitioner :

Mr. Anant Kumar 1, Adv.

For the Opposite Party :

Mr. Arun Kumar, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 10-04-2019 Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor appearing for the State. The petitioner is languishing in judicial custody since 11.03.2019 in connection with Teghra P.S. Case No. 87 of 2019 for the offence alleged under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

The prosecution case, as lodged by the police personnel, is that on secret information the police conducted a raid and recovered 5.4 liters illicit liquor from the possession of the petitioner. Accordingly, a seizure list was prepared. It has been submitted by the learned counsel for the petitioner that he is innocent, bears no criminal history and has been falsely implicated in the aforesaid case. However, the learned Additional Public Prosecutor for the State opposes the prayer for bail.

Patna High Court CR. MISC. No.22990 of 2019(2) dt.10-04-2019 2/2 Considering the nature of allegation coupled with the fact that the petitioner does not have any criminal antecedent, as stated in paragraph 3 of the present application, 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 Teghra P.S. Case No. 87 of 2019 to the satisfaction of the Shri Raj Kishore Singh, learned Additional Sessions Judge II-cum-Special Judge, Excise Act, Begusarai, or the successor Court.

(Nilu Agrawal, J) Shamshad/- U T