Patna High CourtCR. MISC./26725/2020bail granted

Ram Pravesh Rai v. The State Of Bihar

2020-10-13Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No. 26725 of 2020 Arising Out of PS. Case No.-57 Year-2020 Thana- BACHHWARA District- Begusarai ====================================================== Ram Pravesh Rai Son Of Pradeep Rai Resident Of Village- Chiraiya Chauk, P.S.- Bachhawara, District- Begusarai ... Petitioner

Versus

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

For the Petitioner/s :

Mr.Deepak Kumar Singh, Advocate For the Opposite Party/s :

Mr. Addl Public Prosecutor ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 13-10-2020 Heard learned counsel for the petitioner and the State through Video Conferencing.

Petitioner seeks bail in a case registered for the offence punishable under Sections 188, 272 & 273 of the Indian Penal Code and section 30a of the Bihar Prohibition and Excise Act. 120 liters of foreign liquor is said to have been recovered from the house of the petitioner.

Learned counsel appearing for the petitioner submits that the petitioner is innocent. Alleged recovery has not been made from his conscious possession rather the same has been made from the joint family house used for keeping Bhusa and other cattle food. As per paragraph 3 of the bail petition, petitioner has got no criminal antecedent and he is in custody since 7.4.2020.

Considering the facts of the case, let the petitioner,

Patna High Court CR. MISC. No. 26725 of 2020(2) dt.13-10-2020 2/2 above named, be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Additional Sessions Judge II cum Special Judge, Excise Act Begusarai in Bachhawara Police Station Case No. 57/2020 on the following conditions:-

(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