Patna High CourtCR. MISC./40027/2021bail granted

Ramrup Rai v. The State Of Bihar

2021-10-07Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.40027 of 2021 Arising Out of PS. Case No.-165 Year-2021 Thana- GOVERNMENT OFFICIAL COMP. District- Sitamarhi ====================================================== Ramrup Rai Son of Late Bindeshwar Rai Resident of Village- Paterwa, Ward No. 05, P.S.- Sonbersa, District- Sitamarhi.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Devendra Kumar For the Opposite Party/s :

Mr.Md. Fahimuddin ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 2.

07-10-2021 Heard learned counsel for the parties.

The petitioner seeks bail in Case No. C-2, 165 of 2021, registered for the offence under Section 30(a) of Bihar Prohibition and Excise Act.

297 liters of Nepali Saufi Wine has been recovered from the possession of petitioner and one co-accused. It is submitted on behalf of petitioner that nothing has been recovered from the conscious possession of the petitioner. Petitioner has got clean antecedent and he is in custody since 27.03.2021. Investigation is complete.

Learned A.P.P. for the State has opposed the bail petition.

Considering the nature of allegation, clean antecedent

Patna High Court CR. MISC. No.40027 of 2021(2) dt.07-10-2021 2/2 and period of custody, the bail petition of petitioner is allowed. Let the above named petitioner 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 learned Additional District & Sessions Judge II cum Special Judge (Excise Act), Sitamarhi in connection with Case No. C-2, 165 of 2021, on the following conditions:

"(1) Petitioner shall cooperate in the trial and shall be properly represented on each and every date fixed by the court below and shall remain physically present, as directed by the court below, and on his absence on two consecutive dates without sufficient reason, his bail-bond shall be cancelled by the court below.

(2) If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail."

(Prabhat Kumar Singh, J.) anay U T