Patna High CourtCR. MISC./38893/2019bail granted

Asharfi Rajak v. The State Of Bihar

2019-08-17Mr. Justice Madhuresh Prasad2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.38893 of 2019 Arising Out of PS. Case No.-177 Year-2019 Thana- GOVERNMENT OFFICIAL COMP. District- Supaul ====================================================== ASHARFI RAJAK S/o Late Ayodhi Rajak R/o village- Belhi, Ward No. 03, P.S.- Pratapganj, District- Supaul ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Arun For the Opposite Party/s :

Mr.Nand Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 17-08-2019 Heard learned counsel for the petitioner as well as learned Addl. Public Prosecutor for the State. Petitioner seeks bail in a case registered under section 30(A) of Bihar Prohibition and Excise Act, 2016. Counsel for the petitioner submits that allegation of recovery of 74 cartons liquor is false. Recovery is not in accordance with law. It is further submitted that the petitioner is aged about 62 years. He has no criminal antecedent and is in jail custody since 19.03.2019.

Considering the facts and circumstances as well as submissions of the parties, prayer for bail is allowed. Let the petitioner be released on bail on furnishing bail bonds of Rs 10,000/- with two sureties of the like amount

Patna High Court CR. MISC. No.38893 of 2019(3) dt.17-08-2019 2/2 each to the satisfaction of the A.D.J. II -cum- Special Judge (Excise), Supaul in Misc. Excise 203/2019 arising out of P.R. No. 177/2018 subject to the following conditions.

(1) That one of the bailors will be a close relative of the petitioner who will give an affidavit giving genealogy as to how he is related with the petitioner. The bailor will also undertake to inform the Court if there is any change in the address of the petitioner.

(2) That the petitioner will be well represented on each date and if he fails to do so on two consecutive dates, his bail will be liable to be cancelled.

(Madhuresh Prasad, J) s.hassan/- U T