Patna High CourtCR. MISC./30940/2020bail granted

Lal Babu Rai v. The State Of Bihar

2020-12-23Mr. Justice Ashutosh Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.30940 of 2020 Arising Out of PS. Case No.-280 Year-2020 Thana- DARIYAPUR District- Saran ============================================== LAL BABU RAI Son of Sudarshan Rai Resident of Village - Laddu Tola, P.S.- Dariyapur, District - Saran.

... ... Petitioner

Versus

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

For the Petitioner/s :

Mr.Nalin Kumar For the Opposite Party/s :

Mr. Md. Aslam Ansari ============================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 23-12-2020 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in anticipation of his arrest in connection with Dariyapur P.S. Case No. 280/2020 instituted for the offences under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

Though a huge quantity of liquor has been recovered from the house of one Sant Lal Rai but the petitioner has been named only in the confession of an arrested accused person as being one of the persons at whose instance the liquor was procured.

Learned counsel for the petitioner submits that he

Patna High Court CR. MISC. No.30940 of 2020(2) dt.23-12-2020 2/2 has clean antecedents and his implication in this case is only on the basis of confession of an arrested accused person. Thus it has been urged that no case under the Excise Act can at all be said to have been made out.

Considering the afore-stated facts, the petitioner, above named, is directed to be released on bail, in the event of his arrest or surrender before the court below within a period of eight weeks from the date of receipt / production of a copy of this order, on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned 02nd Additional Sessions Judge-cum-Special Judge, Excise, Saran, in connection with Dariyapur P.S. Case No. 280/2020, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.

(Ashutosh Kumar, J) sunilkumar/- U T