Sadhu Rai @ Mithlesh Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36323 of 2019 Arising Out of PS. Case No.-43 Year-2019 Thana- MAKER District- Saran ====================================================== SADHU RAI @ MITHLESH RAI, aged about 22 years, male, Son of Shambhu Rai Resident of Village - Nandan Kaituka, P.s.- Maker, Dist.- Saran.

... ... Petitioner

Versus

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

For the Petitioner :

Dr. Rajesh Kumar Singh, Advocate.

For the Opposite Party:

APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 12-06-2019 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is in custody since 21.04.2019 in connection with Maker P.S. Case No. 43 of 2019 for the offences alleged under Sections 188, 272, 273 of the Indian Penal Code and Section 30(A) of Bihar Prohibition and Excise Act, 2016.

3. It is submitted that the petitioner has been falsely implicated in connection with recovery of about 90 litres of sprit from a wheat field. It is submitted that the petitioner was not arrested at the spot nor does the wheat field belong to him. The petitioner claims clean antecedents.

4. Be that as it may, let the petitioner above named be released on bail on furnishing bail bond of Rs.10,000/-(ten thousand) with two sureties of like amount each to the

Patna High Court CR. MISC. No.36323 of 2019(2) dt.12-06-2019 2/2 satisfaction of learned Additional Sessions Judge-IX-cum-Special Judge, Saran at Chapra, in connection with Mker P.S. Case No. 43 of 2019, on the following conditions- (i) That one of the bailors shall be a close relative of the petitioner.

(ii) That the petitioner shall not indulge in any similar offence till conclusion of the trial. (iii) That the petitioner shall cooperate with the investigation, if not already concluded, and make himself available as and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail. (iv) That the petitioner shall remain physically present in Court on each and every date during trial and in the event of failure on two consecutive dates without sufficient reason, his bail bond shall be liable to be cancelled by the learned Court concerned.

(Vikash Jain, J) Ibrar//- U T