Patna High CourtCR. MISC./33039/2020bail granted

Chanchal Rai v. The State Of Bihar

2021-03-05Mr. Justice Ashutosh Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.33039 of 2020 Arising Out of PS. Case No.-102 Year-2019 Thana- BHAGWAN BAZAR District- Saran ====================================================== CHANCHAL RAI, Son of Late Bachan Rai Resident of Daultganj, P.S.- Bhagwan Bajar, District- Saran.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Mrityunjay Kumar Tiwary For the Opposite Party/s :

Mr.APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 05-03-2021 Heard Mr. Mrityunjay Kumar Tiwary, learned counsel for the petitioner and Mr. Shailendra Kumar, learned APP for the State.

The petitioner seeks bail in anticipation of his arrest in connection with Bhagwan Bazar P. S. Case No. 102 of 2019 dated 03.03.2019, instituted for the offences under Sections 30 (a) and 37 (C) of the Bihar Prohibition and Excise Act, 2016.

It appears that 30 litres of liquor was recovered from behind the police outpost near a temple. The learned counsel for the petitioner has submitted that the recovery is not from the

Patna High Court CR. MISC. No.33039 of 2020(2) dt.05-03-2021 2/2 constructive / exclusive possession of the petitioner and he does not have criminal antecedents.

For the afore-stated fact, the petitioner, abovenamed, 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 Additional District and Sessions Judge II - cum - Special Judge, Excise, Saran, in connection with Bhagwan Bazar P. S. Case No. 102 of 2019, subject to the conditions as laid down under Section 438 (2) Cr.P.C.

The application stands allowed.

(Ashutosh Kumar, J) skm/- U T