Jay Jay Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.26517 of 2019 Arising Out of PS. Case No.-316 Year-2018 Thana- PATORI District- Samastipur ====================================================== JAY JAY RAI Son of Baleshwar Rai, Resident of Village-Hetanpur, P.SPatori, District-Samastipur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Jitendra Narain Sinha For the Opposite Party/s :

Mr.Suman Kumari Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 23-04-2019 This application, for grant of anticipatory bail, arises out of Patori P.S. Case No. 316 of 2018, disclosing offences under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

Allegation is of recovery of 30 litres of liquor from the field of petitioner kept in a tube.

Submission of learned counsel for the petitioner is that the petitioner has no criminal antecedent and has nothing to do with the alleged recovery and has been made accused only because the field from where the recovery was made, belongs to to the petitioner, however, the same is recovered from open filed accessible to everyone.

Heard learned A.P.P. also.

Having heard both sides, in view of the above facts,

Patna High Court CR. MISC. No.26517 of 2019(2) dt.23-04-2019 2/2 this application is allowed. Let the petitioner, above named, in the event of his arrest or surrender before the court below within six weeks, be released on bail on furnishing bail bond of Rs. 25,000/- (Rupees Twenty five Thousand) each with two sureties of the like amount each to the satisfaction of learned 3rd Additional Sessions Judge cum Special Judge, Excise, Samastipur, in connection with Patori P.S. Case No. 316 of 2018, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.

(Vinod Kumar Sinha, J) sunilkumar/- U T