Awadhesh Rai @ Awadhesh Kumar Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.32546 of 2019 Arising Out of PS. Case No.-537 Year-2018 Thana- SAMASTIPUR MUFFASIL DistrictSamastipur ====================================================== Awadhesh Rai @ Awadhesh Kumar Rai Son of Ramprit Rai Resident of Village- Dadpur (Chaknoor), P.S.- Muffasil, District- Samastipur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Pramod Kumar Singh For the Opposite Party/s :

Mr. Gauri Shankar Gupta ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 16-05-2019 Heard learned counsel for the petitioner and the learned APP for the State.

The petitioner seeks bail in connection with Samastipur (Muffasil) P.S. Case No. 537 of 2018 instituted for the offence under Section(s) 272/273 of the Indian Penal Code and Section 30(a) of Bihar Prohibition & Excise Act, 2016. Learned counsel for petitioner has submitted that petitioner was not present at the time of seizure. It is alleged in the written report that total 214.125 litres of foreign liquor has been recovered from a Bolero vehicle. Seizure list is part of the FIR which does not bear the signature of this petitioner.

Learned counsel for petitioner submits that petitioner

Patna High Court CR. MISC. No.32546 of 2019(2) dt.16-05-2019 2/2 has been made accused in this case because he is owner of the aforesaid vehicle.

Petitioner is in custody since 02.04.2019.

Considering the aforesaid, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/-(Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Session JudgeII cum Special Judge (Excise Act), Samastipur, in connection with Samastipur (Muffasil) P.S. Case No. 537 of 2018, subject to the condition that both the bailors shall be the close relative of the petitioner.

It is mentioned in para 3 of the bail petition that one other case under the Excise Act is pending against this petitioner.

The petitioner will file affidavit at the time of filing bail bond that he would not indulge himself in such type of activities in future. If he is found indulged in such type of activities, his bail bond in the instant case will liable to be cancelled.

(Sanjay Priya, J) shyambihari/mu keshU T