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Patna High CourtCR. MISC./38479/2024bail granted

Munna Rai v. The State Of Bihar

2024-05-27Mr. Justice Dr. Anshuman2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.38479 of 2024 Arising Out of PS. Case No.-23 Year-2024 Thana- Geedha District- Bhojpur ====================================================== Munna Rai Son of Late Bhusan Rai R/O Village- Birampur, P.O.- Birampur P.S.- Gidha, District- Bhojpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Mohit Shriwastava, Advocate For the Opposite Party/s :

Mr.Rana Randhir Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 27-05-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner seeks regular bail in connection with Gidha P.S. Case No. 23/2024 lodged on 26.04.2024 under Section 30(A) of the Bihar Prohibition and Excise Amendment Act, 2018.

3. As per the prosecution case, total recovery of 105 liters of country made liquor is the subject matter of the present case.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. There were four accused persons in the present case and from the possession of the petitioner allegedly 50 liters of country made liquor has been recovered. The petitioner is in custody since 27.04.2024

Patna High Court CR. MISC. No.38479 of 2024(2) dt.27-05-2024 2/2 having clean antecedent. In fact, the petitioner is a poor person and victim of this case.

5. Learned counsel for the State opposes the prayer for bail.

6. In the present facts and circumstances of this case and the submissions made above, let the petitioner above named be released on bail, but only after framing of charge, if not framed, on furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) with two sureties of the like amount each to the satisfaction of Learned Exclusive Special Judge Excise, Excise Court II, Bhojpur, Ara , subject to the conditions as laid down under Section 437(3) of the Code of Criminal Procedure. (Dr. Anshuman, J.) Ashwini/- U T