Lakhindra Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.30915 of 2020 Arising Out of PS. Case No.-497 Year-2019 Thana- MOTIPUR District- Muzaffarpur ====================================================== LAKHINDRA RAI, aged about 42 years, Son of Late Shivnandan Rai, Resident of Village- Sandha Damber, P.S.- Motipur, District- Muzaffarpur. ... ... Petitioner

Versus

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

For the Petitioner :

Mrs. Bela Singh, Advocate.

For the Opposite Party :

Mr. Syed Ehteshamuddin, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 25-11-2020 Due to COVID-19 Pandemic, the matter is being taken up by way of virtual Court proceeding.

The matter has been listed under the heading 'For Orders' under the orders of Hon'ble the Chief Justice. Learned counsel for the petitioner is directed to remove the defects, as pointed out by the office, within a period of four weeks after restoration of normalcy.

Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks bail in a case for the offence registered under Sections 30(a), 41(1)(2) of the Bihar Prohibition and Excise (Amendment) Act, 2018. The prosecution story, in brief, is that total 102.120 liters wine is said to have been recovered from the Bolero

Patna High Court CR. MISC. No.30915 of 2020(2) dt.25-11-2020 2/2 vehicle in question.

It has been submitted by learned counsel for the petitioner that the petitioner is in custody since 08.06.2020. Charge sheet has been submitted in the present case. There is no allegation of tampering with the witnesses alleged against the petitioner. The petitioner has falsely been implicated in the present case. It is alleged that total 102.120 liters wine is recovered from the Bolero vehicle in question by the side of the house of the petitioner. Except for this, there is no substantive evidence to suggest the implication of the petitioner in the present case. There is no compliance of Section 100 of Cr. P.C. On behalf of the learned counsel for the State, it has been submitted that the petitioner is named in the F.I.R.

Considering the facts and circumstances of the case, the petitioner above named, is directed to be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Special Judge, Excise Act, Muzaffarpur, in connection with Motipur P.S. Case No. 497 of 2019, G.R. No. 2417/2019. (Sudhir Singh, J) U.K.