Manager Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.51874 of 2018 Arising Out of PS. Case No.-89 Year-2018 Thana- GANGABRIDGE District- Vaishali ====================================================== Manager Rai, Son of Manohar Rai, a resident of Village- Terasiya, Police Station- Ganga Bridge, District- Vaishali.

... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Arvind Kumar Mouar For the Opposite Party/s :

Mr. Md. Fahimuddin, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 20-09-2018 In this case, since the APP who has been assigned this brief is not present in Court, this Court has requested Mr. Md. Fahimuddin, learned APP to assist this Court in the interest of justice. He has accordingly, assisted this Court after going through the case diary.

Heard learned counsel for the petitioner and Mr. Md. Fahimuddin, learned APP.

The petitioner in the present case is seeking regular bail in connection with Ganga Bridge P.S. Case No. 89 of 2018 registered for the offences punishable under Sections 414, 34 I.P.C. and Sections 30(a) of the Bihar Prohibition and Excise Act, 2016. Learned counsel for the petitioner submits that the petitioner has been arrested with an allegation that he was trying to flee away when the under constructed house of one Nanda Rai was raided by the police. Learned counsel submits that the recovery of 17.625 liters of illicit liquor and one Mahindra Pick Up van are alleged against the said Nanda Rai. Nothing incriminating has been

Patna High Court Cr.Misc. No.51874 of 2018(3) dt.20-09-2018 2/2 recovered either from possession of the petitioner or from his house. Learned counsel further submits that there is one case against the petitioner but in the said case he is on bail. Learned APP for the State has opposed the prayer of bail after going through the case diary, however, he stated that so far as the recovery part is concerned, there is no recovery either from the person of this petitioner or from his house.

In the given facts and circumstances of the case where no recovery has been made from possession of this petitioner and in one of the case in which he was involved in the year 2014 he is already on bail, let the petitioner Manager Rai be released on bail on furnishing bail bonds of Rs. 15,000/- (Fifteen thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge 2nd -cum- Special Judge Excise, Vaishali at Hajipur in connection with Ganga Bridge P. S. Case No. 89 of 2018, subject to the condition laid down under Section 437 (3) Cr.P.C. (Rajeev Ranjan Prasad, J) avin/-Ved/ U T