Patna High CourtCR. MISC./37730/2024bail granted

Arun Rai v. The State Of Bihar

2024-06-26Mr. Justice Purnendu Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.37730 of 2024 Arising Out of PS. Case No.-205 Year-2024 Thana- MADHAURAH District- Saran ====================================================== Arun Rai, Son of Manilal Rai Resident of Village -Asoiyan, P.S.- Marhowrah, District -Saran at Chapra.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Dewendra Narayan Singh, Advocate For the Opposite Party/s :

Mr. Lakshmi Kant Sharma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 26-06-2024 Heard Mr. Dewendra Narayan Singh, learned counsel for the petitioner and Mr. Lakshmi Kant Sharma, learned APP for the State.

2. The petitioner seeks pre-arrest bail in connection with Madhaurah (Marhowrah) P.S. Case No.205 of 2024, dated 02.04.2024, registered for the offence(s) punishable under Sections 30(a), 32(1), 32(2), 38, 41(1), 41(2) of Bihar Prohibition and Excise Act.

3. The allegation is of recovery of 650 litres of spirit from the cattle yard of Sonu Baitha in the village Vikrampur.

4. Learned counsel appearing on behalf of the petitioner submits that the petitioner has been falsely implicated in the case. He has no concern either with the seized spirit or trade of spirit in any manner.

5. Learned APP for the State vehemently opposed the

Patna High Court CR. MISC. No.37730 of 2024(2) dt.26-06-2024 2/2 prayer for grant of pre-arrest bail.

6. Having considered the rival submissions made on behalf of the parties and nature of allegation against the petitioner, the petitioner, above named is directed to be released on pre-arrest bail, in the event of his arrest or surrender before the Court below within a period of four weeks from today, on furnishing bail-bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned 3rd Exclusive Special Excise Judge, Saran at Chapra, in connection with Madhaurah (Marhowrah) P.S. Case No.205 of 2024, subject to the condition as laid down under Section 438(2) of the Cr.P.C. and subject to the further condition that one of the bailor shall be the Government servant.

7. The bail application stands disposed of.

(Purnendu Singh, J) sanjeev/-ravi/- U T