Nawal Kishor Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.31253 of 2022 Arising Out of PS. Case No.-153 Year-2020 Thana- HATHAURI District- Muzaffarpur ====================================================== Nawal Kishor Rai Son of Late Ganga Ray Resident of Village Sahpur Manikpur, P.S.- Minapur, District - Muzaffarpur. ... ... Petitioner/s

Versus

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

For the Petitioner :

Mr.Ravi Ranjan, Advocate For the Opposite Party :

Mr.Kanhaiya Kishore, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 20-08-2022 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is in custody since 03.04.2022 in connection with Hathauri P.S. Case No.153 of 2020 registered for offences under Sections 272 and 273 of the Indian Penal Code and Section 30(a) of the Bihar Prohibition and Excise Act, 2018.

There is recovery of approximately 1213 litres of foreign liquor from the truck and not from conscious possession of the petitioner.

Considering the fact that the petitioner has three antecedents- one under the Excise Act and other under the Indian Penal Code and he is in custody since 03.04.2022, he shall be released on bail, after framing of charge or on

Patna High Court CR. MISC. No.31253 of 2022(2) dt.20-08-2022 2/2 completion of one year in custody whichever is later, on furnishing bail bonds of Rs.10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Judge Excise, Court No.1, Muzaffarpur in connection with Hathauri P.S. Case No.153 of 2020.

The petitioner will visit Hathauri Police Station on the first Sunday of each month. Any default in appearance at the Police Station would result in cancellation of bail bond of the petitioner.

(Sandeep Kumar, J) BT/- U T