Bhola Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.34599 of 2019 Arising Out of PS. Case No.-40 Year-2019 Thana- KALYANPUR District- East Champaran ====================================================== BHOLA RAI, aged 40 years (M), Son of Late Yogendra Rai Resident of Village - Yamunapur, P.S.- Kalyanpur, District- East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Umesh Chandra Verma For the Opposite Party/s :

Mr.Ram Anurag Singh ====================================================== 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 offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

The prosecution case is that 55.5 liters of country made liquor was recovered from the bush near the Primary School of village-Yamunapur.

The contention of the petitioner is that the name of the petitioner has been disclosed by villagers. Petitioner is having clean antecedent and nothing has been recovered from the possession of the petitioner. The recovery has been made from the public place.

Considering the facts aforesaid, let the petitioner

Patna High Court CR. MISC. No.34599 of 2019(2) dt.28-05-2019 2/2 above named, in the event of his arrest or surrender before the 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) each with two sureties of the like amount each to the satisfaction of learned 7th Additional Sessions Judge-cum-Special Judge, Excise, Motihari, East Champaran/successor Court in connection with Kalyanpur P.S. Case No. 40 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