Pahari Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.27559 of 2019 Arising Out of PS. Case No.-28 Year-2019 Thana- GANGABRIDGE District- Vaishali ====================================================== PAHARI RAI, Son of Late Asharfi Rai, Resident of Village- Terasia, P.S.- Ganga Bridge, District- Vaishali.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Manish Kumar No.2, Advocate For the Opposite Party/s :

Mr. Ahtasham Ali Khan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 2/ 29-04-2019 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner seeks bail in Ganga Bridge P.S. Case No.28 of 2019 instituted for the offence under Section(s) 30(a) of Bihar Prohibition and Excise Act, 2016.

It is alleged that total 3064.500 litres foreign liquor has been recovered from Hyva Truck. It is alleged in the written report that on seeing police party several persons fled away and this petitioner was arrested. He was present there. It is alleged that he disclosed before the police the name of persons, who had brought aforesaid illicit liquor.

Counsel for the petitioner submits that seizure is from Truck. Petitioner is neither owner of the vehicle nor was found sitting in the vehicle. He has been arrested merely on suspicion.

Patna High Court CR. MISC. No.27559 of 2019(2) dt.29-04-2019 2/2 Petitioner is in custody since 21.02.2019 having clean antecedents.

In the facts and circumstances of the case, prayer of the petitioner for grant of bail is allowed. Let 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 the Additional Sessions Judge II cum Special Judge, Vaishali at Hajipur, in connection with Ganga Bridge P.S. Case No.28 of 2019, subject to the condition that both the bailors shall be close relative of the petitioner.

(Sanjay Priya, J) J. Alam/- U T