Nokhi Rai @ Nagendra Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.40307 of 2022 Arising Out of PS. Case No.-853 Year-2020 Thana- SONEPUR District- Saran ====================================================== Nokhi Rai @ Nagendra Rai, S/o Amir Lal Rai, R/o Baburbani, P.S.- Sonpur, District - Saran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ram Jiban Pd. Singh, Advocate For the Opposite Party/s :

Md. Fahimuddin, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 15-10-2022 Heard learned counsel for the petitioner and learned A.P.P. for the State.

Let the defect(s), if any, as pointed out by the office be removed within four weeks.

In the present case, the petitioner seeks bail in connection with Sonepur P.S. Case No. 853 of 2020 registered for the alleged offences under Sections 30, 30(a), 38 and 40 (i) of the Bihar Prohibition and Excise Act.

Allegedly, 10 litres of country made liquor along with a gas cylinder was recovered from the bank of river Ganga (Diyara). The petitioner is said to have fled away from the spot. The local Chaukidar disclosed the name of the petitioner. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this

Patna High Court CR. MISC. No.40307 of 2022(4) dt.15-10-2022 2/3 case. The petitioner has not been arrested from the spot and nothing incriminating has been recovered from his conscious possession. The charge sheet has been submitted in this case. The petitioner is in custody since 28.05.2022. Learned A.P.P. opposes the prayer for bail made on behalf of the petitioner submitting that the petitioner is a habitual offender.

Having regard to the submissions made on behalf of the petitioner and considering the fact that the petitioner has not been arrested from the spot and no recovery has been shown from his possession and further considering the submission of charge sheet and the period of custody of the petitioner, he is directed to be released on bail on furnishing bail bond of Rs.20,000/- (Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned 2nd Exclusive Special Excise Court, Saran at Chapra in connection with Sonepur P.S. Case No. 853 of 2020, subject to the conditions mentioned in Section 437 (3) of the Code of Criminal Procedure and also the following conditions :

(i) The bail bond of the petitioner will be accepted only after framing of charge, if not already framed.

Patna High Court CR. MISC. No.40307 of 2022(4) dt.15-10-2022 3/3 (ii) One of the bailors will be a close relative of the petitioner.

(iii) The petitioner will remain present on each and every date fixed by the court below. (iv) In case of absence on three consecutive dates or in violation of the terms of the bail, the bail bond of the petitioner will be liable to be cancelled by the court concerned.

(Arun Kumar Jha, J) himanshu/- U T