Upendra Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.33168 of 2020 Arising Out of PS. Case No.-78 Year-2019 Thana- GHORASAHAN District- East Champaran ====================================================== UPENDRA RAI S/o Ram Vishwas Rai @ Rambiswas Ray R/o villageJolgawan (Baraila Border), P.S.- Jitna, District- East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sunil Kumar No.III :

Mr.Bijendra Kumar For the Opposite Party/s :

Mr.Balmukund Prasad Sinha (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 17-12-2020 Heard learned counsel for the petitioner and learned Additional Public Prosecutor appearing on behalf of the State. This application for grant of regular bail arises out of Ghorasahan (Jitna) P.S. Case No. 78 of 2019 registered for the offence punishable under Section 414 of the Indian Penal Code and Section 30(a) of the Bihar Prohibition and Excise Act, 2016. Altogether 942 liters of illicit liquor was recovered by the police, from a vehicle, which was coming from the direction of Nepal. The persons apprehended by the police are said to have disclosed the name of this petitioner and another person, who had helped the vehicle to cross Nepal border. Learned counsel appearing on behalf of the petitioner

Patna High Court CR. MISC. No.33168 of 2020(2) dt.17-12-2020 2/2 has submitted that evidently there is no recovery from the petitioner's possession and in similar circumstance two coaccused persons namely Sandeep Rai and Ram Vishwas Rai have been granted regular bail by this Court by an order dated 25.10.2019 passed in Cr. Misc. No. 44651 of 2019. Considering the submission that similarly circumstanced co-accused persons have been granted regular bail by this Court, as noted above, this application is allowed. 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 7th Additional Sessions Judge-cum-Special Judge, Excise, East Champaran, Motihari in Ghorasahan (Jitna) P.S. Case No. 78 of 2019.

(Chakradhari Sharan Singh, J) AKASH/- U T