Sunil Rai v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.34603 of 2019 Arising Out of PS. Case No.-31 Year-2019 Thana- ISUAPUR District- Saran ====================================================== SUNIL RAI S/o Ram Nath Rai R/o village- Chakahan, P.S.- Isuapur, DistrictSaran ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Bishwajeet Singh For the Opposite Party/s :
Mr.Pushpa Sinha.1 ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 28-05-2019 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
The petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 30, 38 and 41 of the Bihar Prohibition and Excise Act, 2016. The prosecution case is that 4000 liters of Kachcha spirit has been recovered from the vehicle.
The contention of the petitioner is that the petitioner has been made accused only on the basis of the confessional statement of co-accused. Petitioner is not the owner of the truck. Petitioner has got no criminal antecedent. There is no compliance under Section 100 of the Cr.P.C.
Considering the facts aforesaid, let the petitioner above named, in the event of his arrest or surrender before the
Patna High Court CR. MISC. No.34603 of 2019(2) dt.28-05-2019 2/2 Court below within a period of six weeks from the date of receipt of the order, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned 9th Additional Sessions Judge-cum-Special Judge, Saran/successor Court in connection with Isuapur P.S. Case No. 31 of 2019, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure as well as condition that the petitioner shall fully cooperate with the investigation and trial of the case, failing which the court below shall be at liberty to cancel the bail bonds of the petitioner.
(Prabhat Kumar Singh, J) B.Kr./- U T