Harendra Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No. 23916 of 2019 Arising Out of PS. Case No.-296 Year-2019 Thana- BIHTA District- Patna ====================================================== HARENDRA RAI, aged about 42 years, male, Son of Jugeshwar Rai Resident of Anandpur, P.S.- Bihta, Distt - Patna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Akhauri Kamal Kishore Sahay For the Opposite Party/s :

Mr. Nityanand ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 15-04-2019 Heard learned counsel appearing for the petitioner as well as learned Additional Public Prosecutor for the State. Petitioner seeks bail in a case registered for the offences punishable under Section 30(a) Bihar Prohibition and Excise Act, 2016.

Petitioner was caught with 100 litres country-made liquor but submission on behalf of the petitioner is that nothing was recovered from conscious possession of the petitioner and, as a matter of fact, he has been implicated in this case due to village politics and that is why the seizure list was witnessed by Chaukidar and not by any independent witness. He further submits that petitioner does not have any criminal antecedent which is evident from the perusal of paragraph 3 of the petition. Considering the aforesaid facts and circumstances as well as submissions of the parties, let the petitioner, above

Patna High Court CR. MISC. No. 23916 of 2019(2) dt.15-04-2019 2/2 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 learned Special Judge, Excise, Patna in connection with Special Case No. 3124 of 2019 (arising out of Bihta P.S. Case No. 296 of 2019).

(Hemant Kumar Srivastava, J) Spd/- U T