Vikash Rai @ Vikash Kumar Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.22768 of 2017 Arising Out of PS.Case No. -49 Year- 2017 Thana -DALSINGHSARAI District- SAMASTIPUR ====================================================== Vikash Rai @ Vikash Kumar Rai S/o Bahgyanarayan Rai, Resident of Village- Kewta Tole Belbanna, Ward No. 2, P.S. Dalsingsarai, DistrictSamastipur. .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Prem Prakash Poddar, Adv. For the Opposite Party/s : Mr. A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 10-08-2017 Heard Sri Prem Prakash Poddar, learned counsel for the petitioner and learned Addl. Public Prosecutor. The sole petitioner, apprehending his arrest in Dalsingsarai P.S. Case No.49/2017 registered for the offence under Sections 47(A) of the Excise Act and Section30(a)/38(1)(2) of the Bihar Excise ( Amendment) Act, has prayed for grant of bail, in the event of his arrest or surrender.

It was submitted by learned counsel for the petitioner that a raid was conducted in the house of his brother, with whom there was already partition in between the petitioner and his brother and from the house of his brother five liters of Indian Make Liquor as well as four bottles of beer

Patna High Court Cr.Misc. No.22768 of 2017 (3) dt.10-08-2017 2/2 was recovered and on the basis of confessional statement of coaccused , the petitioner has been made accused. He submits that dispute in between the petitioner and his brother was going on since long and partition has already been taken place. Considering the facts and circumstances let the petitioner, namely, Vikash Rai @ Vikash Kumar Rai , in the event of his arrest or surrender within six weeks from today, be released on bail on furnishing bail bond of Rs.10,000/-( ten thousand) with two sureties of the like amount each to the satisfaction of learned Addl. Chief Judicial Magistrate, Dalsingsarai in connection with Dalsingsarai P.S. Case No.49 of 2017 , subject to conditions as laid down in Section 438(2) of the Code of Criminal Procedure. (Rakesh Kumar, J) NKS/- U T