Anirudh Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.28138 of 2020 Arising Out of PS. Case No.-49 Year-2020 Thana- RUNISAIDPUR District- Sitamarhi ====================================================== ANIRUDH RAI S/o Ramrasik Ray Resident of Village-Tikauli, P.S.- Runnisaidpur, District-Sitamarhi.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sanjay Kumar @ S.K.

For the Opposite Party/s :

Mr.Ataur Rahman, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 02-11-2020 Due to COVID-19 Pandemic, the matter is being taken up by way of Virtual Court proceeding.

The matter has been listed under the heading 'For Orders' under the orders of Hon'ble the Chief Justice. Learned counsel for the petitioner is directed to remove the defects, as pointed out by the Office, within a period of four weeks from the date of restoration of normalcy. Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case instituted for the offences under Sections 30(a), 30(g) of the Bihar Prohibition and Excise Act, 2016.

Prosecution case, in short, is that 865 liters wine is recovered by the side of house.

Patna High Court CR. MISC. No.28138 of 2020(2) dt.02-11-2020 2/2 It has been submitted on behalf of the petitioner that the petitioner is in custody since 27.04.2020. Chargesheet/prosecution report has been submitted in this case. There is no allegation of tampering of witnesses alleged against the petitioner. It is alleged that 865 liters wine is recovered by the side of house of one Ramji Roy. No recovery is made from the conscious possession of the petitioner. There is no compliance of Section 100 Cr.P.C.

On behalf of the State, it is submitted that the petitioner is named in the F.I.R/complaint case. Considering the aforesaid facts and circumstances, it is directed that the petitioner, above named, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional District & Sessions Judge-II-cum- Special Judge, Excise, Sitamarhi in connection with Runnisaidpur P.S. Case No. 49 of 2020.

(Sudhir Singh, J) Pankaj/- U T