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Patna High CourtCR. MISC./27736/2019bail granted

Rajeev Rai @ Rajeev Kumar v. The State Of Bihar

2019-04-29Mr. Justice Shivaji Pandey2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.27736 of 2019 Arising Out of PS. Case No.-76 Year-2018 Thana- NAYAGAON District- Begusarai ====================================================== 1.

RAJEEV RAI @ RAJEEV KUMAR Son of Mahesh Rai, Resident of Village - Dariyapur, P.S.- Nayagaon, Distt - Begusarai. 2.

Sanjeev Rai @ Sanjeev Roy Son of Mahesh Rai, Resident of Village - Dariyapur, P.S.- Nayagaon, Distt - Begusarai. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Pritish Kumar Lal For the Opposite Party/s :

Mr.Md. Mushtaque Alam ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 29-04-2019 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

In this case, the petitioners are seeking anticipatory bail in connection with Nayagaon P.S. Case No. 76 of 2018 (Excise Act No. 605 of 2018), registered for offence punishable under section 30 (a) of the Bihar Prohibition and Excise Act, 2016.

It has been alleged that twenty one litres of illegal liquor has been recovered. The petitioners have no criminal history.

Looking to the quantity of liquor and the petitioners having no criminal antecedent, the prayer for bail of the

Patna High Court CR. MISC. No.27736 of 2019(2) dt.29-04-2019 2/2 petitioners is allowed and they, in the event of arrest or surrender before the court below within six weeks from today, are directed to be enlarged on anticipatory bail on furnishing bail bonds of Rs.10,000/- each with two sureties of the like amount each to the satisfaction of 2nd Additional Sessions Judgecum-Special Judge (Excise), Begusarai in connection with Nayagaon P.S. Case No. 76 of 2018 (Excise Act No. 605 of 2018), subject to the conditions as laid down under section 438 Cr. PC and also subject to the condition that one of the bailors of the petitioners shall be a local person having sufficient immovable property within the jurisdiction of the concerned Court. The petitioners will not induce any witness or tamper with the evidence.

The petitioners shall cooperate in the disposal of trial and make themselves available as and when required by the court. If the petitioners are found involved in similar type of allegation in future, the prosecution will have liberty to file an application for cancellation of their bail bonds.