Satrudhan Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.24081 of 2020 Arising Out of PS. Case No.-103 Year-2020 Thana- MOTIPUR District- Muzaffarpur ====================================================== Satrudhan Rai S/o Late Bachchu Rai Resident of Village-Mahmadpur Balmi Tola Purani Bazar, P.S.-Motipur, District-Muzaffarpur ... Petitioner

Versus

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

For the Petitioner :

Mr.Manoj Kumar, Advocate For the Opposite Party :

Mr. Mithilesh Kumar, Addl Public Prosecutor ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 18-09-2020 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor representing the State. The petitioner seeks bail in a case registered for the offence punishable under section 30a, 41 of the Bihar Prohibition and Excise Act.

225 liters of foreign liquor was recovered from a Bolero pickup van being driven by the petitioner. Petitioner was arrested at the spot.

Learned counsel for the petitioner submits that the petitioner is innocent and he is victim of false implication. He was simply a driver of the vehicle and had no knowledge of the consignment being transported by the said vehicle. He is no way concerned with the recovery. Petitioner has got no criminal antecedent and he is in custody since 17.5.2020. In the facts of the case, prayer for bail of the petitioner is allowed. Let the petitioner mentioned 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 Special Judge, Excise Act Muzaffarpur in Motipur Police Station Case No. 103/2020, on the following conditions:-

Patna High Court CR. MISC. No.24081 of 2020(2) dt.18-09-2020 2/2

(1) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and shall remain physically present as directed by the Court and on his/her absence on two consecutive dates without sufficient reason, his/her bail bond shall be cancelled by the Court below.

(2) If the petitioner tampers with the evidence or the witnesses, in that case the prosecution will be at liberty to move for cancellation of bail.

(Prabhat Kumar Singh, J) Shashi U T