Sushil Kumar Rathi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.32336 of 2020 Arising Out of PS. Case No.-28 Year-2019 Thana- GOVERNMENT OFFICIAL COMP. District- Araria ====================================================== SUSHIL KUMAR RATHI, Son of Late D. R. Rathi Resident of Village - Marketing Yard, Gulab Bagh, P.S.- Sadar, District - Purnea ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. N. K. Agrawal, Sr. Advocate Mr. Dr. Bidhu Ranjan, Advocate For the Opposite Party/s :

Mr.APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 08-02-2021 Heard Mr. N. K. Agrawal, learned senior Advocate for the petitioner and Mr. Md. Aslam Ansari, learned APP for the State.

The petitioner seeks bail in anticipation of his arrest in connection with Special (Excise) Case No. 875 of 2019, arising out of Excise Case No. 28 of 2019, instituted for the offences under Sections 30(a), 32(a)

Patna High Court CR. MISC. No.32336 of 2020(2) dt.08-02-2021 2/3 and 56(b) of the Bihar Prohibition and Excise Act, 2016. A total of 176 litres of liquor is said to have been recovered from a vehicle which is stated to belong to the petitioner.

The learned counsel for the petitioner has submitted that he does not have any criminal antecedents and the driver of the vehicle has played truant without the knowledge of the petitioner. 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 his furnishing bail bonds in the sum of Rs. 10,000 /- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned 2nd Additional Sessions Judge - cum - Special Judge, Araria, in connection with Special (Excise) Case No. 875 of 2019, arising out of Excise Case No. 28 of 2019, subject to the conditions as

Patna High Court CR. MISC. No.32336 of 2020(2) dt.08-02-2021 3/3 laid down under Section 438 (2) Cr.P.C.

The application stands allowed.

(Ashutosh Kumar, J) skm/- U T