Upendra Rai @ Upendra v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.24594 of 2020 Arising Out of PS. Case No.-127 Year-2020 Thana- CHHAURADANO District- East Champaran ====================================================== UPENDRA RAI @ UPENDRA Son of Jageswar Ray @ Sugeswar Ray Resident of Village- Ekdari, P.S.- Chhauradano, District- East Champaran, Motihari.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rajesh Kumar For the Opposite Party/s :

Mr.A.G.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 05-11-2020 This matter is taken up for consideration through Video Conferencing under the orders of Hon'ble the Chief Justice.

Heard learned counsel for the petitioner and learned A.P.P for the State.

The petitioner apprehends his arrest in Chhauradano P.S. Case No. 127 of 2020, registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

02 litres of country made liquor is said to have been recovered from a bag which is alleged to have been thrown by a person who fled away after seeing the police party. Ramadhar Rai who is local Chowkidar disclosed that it was the petitioner

Patna High Court CR. MISC. No.24594 of 2020(3) dt.05-11-2020 2/2 Upendra Rai who fled away after throwing the said bag. It is submitted that petitioner has falsely been implicated in this case. Nothing has been recovered from conscious possession of this petitioner. Due to previous enmity, local Chowkidar has taken name of this petitioner. Petitioner has got clean antecedent as stated in para 3 of the bail petition. Considering the facts aforesaid, the petitioner abovenamed in the event of his arrest/surrender before the court below within a period of eight weeks from the date of receipt/production of a copy of this order, is directed to 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 the learned Special Judge, Excise Act, East Champaran in connection with Chhauradano P.S. Case No. 127 of 2020, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Singh, J) vinita/- U T