Patna High CourtCR. MISC./29346/2020bail granted

Vikky Rai v. The State Of Bihar

2020-12-11Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.29346 of 2020 Arising Out of PS. Case No.-235 Year-2019 Thana- MOTIHARI MUFASIL District- East Champaran ====================================================== VIKKY RAI aged about 25 years S/o Babulal Rai Resident of VillageSihuliya, P.S.-Mufassil, District-East Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Umesh Chandra Verma, Advocate For the Opposite Party/s :

Mr.Ganesh Pd. Singh, Addl Public Prosecutor ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 11-12-2020 Heard learned counsel for the petitioner and the State through Video Conferencing.

Petitioner apprehends arrest in a case registered for the offence punishable under Sections 272/273 of the Indian Penal Code and sections 30a, 41 and 32 of the Bihar Prohibition and Excise Act.

315 liters of Nepali liquor is alleged to have been recovered from the house of co-accused Lal Babu Rai who has taken the name of the petitioner in his confessional statement as his associate.

Learned counsel appearing for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. No incriminating material has been recovered from the conscious possession of the petitioner. Petitioner has got no criminal antecedent as stated in paragraph 3 of the bail petition. The mandatory provision of law for search and seizure given under section 100 Cr.P.C. has not been followed. Considering the facts of the case, in the event of

Patna High Court CR. MISC. No.29346 of 2020(2) dt.11-12-2020 2/2 arrest/surrender, let the petitioner, above named, be released 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 Additional Sessions Judge 9th cum Special Judge, Excise Act East Champaran at Motihari in Mufassil Police Station Case No. 235 of 2019, subject to the conditions laid down under section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Singh, J) Shashi U T