Rama Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.39787 of 2022 Arising Out of PS. Case No.-171 Year-2022 Thana- DARIYAPUR District- Saran ====================================================== RAMA RAI Son of Late Jamuna Rai @ Late Yamuna Rai, Resident of village- Bankerwa, Police Station - Parsa, District- Saran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Anant Kumar Bhaskar, Advocate For the Opposite Party/s :

Mr. Sunil Kumar Pandey, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 27-08-2022 Let the defects, as pointed out by the Office, be removed within a period of two weeks from today. Heard learned counsel for the petitioner and learned APP for the state.

Petitioner seeks regular bail in connection with Dariyapur P.S. Case No. 171 of 2022 alleged under Sections 30, 30(a), 30(b), 33 and 41 of Bihar Prohibition and Excise Act. As per the prosecution, total 415 litres of illicit liquor were alleged to be recovered from a Chaur of the locality upon secret information. Total 15 persons were made accused in this case, 13 persons were arrested and 2 persons were not arrested. Learned counsel for the petitioner submits that petitioner is not apprehended from the place of occurrence, his name has figured on the confessional statement of the co-

Patna High Court CR. MISC. No.39787 of 2022(2) dt.27-08-2022 2/3 accused and petitioner is in custody since 20.05.2022 having clean antecedent. He further submits that charge sheet has already been submitted in this case.

Learned counsel for the State opposes the prayer for bail.

In the present facts and circumstances of the case and the submissions made above, let the petitioner above named, be granted bail on furnishing bail bonds of Rs.30,000/- (Rupees Thirty Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-II-cumSpecial Judge, Excise Act, Saran at Chapra in connection with Dariyapur P.S. Case No. 171 of 2022, subject to the conditions as laid down under Section 437(3) of Cr.P.C. with other following conditions:

A. The petitioner shall support in trial and shall appear physically before the lower court on each and every date fixed, in case of non-appearance for two consecutive dates without sufficient cause, shall resulted into cancellation of his bail bond.

B. One of the bailor shall be close relative who shall file affidavit before the court about his relation with the petitioner.

Patna High Court CR. MISC. No.39787 of 2022(2) dt.27-08-2022 3/3 With this observation, the bail application stands allowed.

(Dr. Anshuman, J.) ravishankar/- U T