Patna High CourtCR. MISC./49040/2024bail granted

Shivlal Rai v. The State Of Bihar

2024-07-24Mr. Justice Nawneet Kumar Pandey2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.49040 of 2024 Arising Out of PS. Case No.-137 Year-2024 Thana- Excise P.S. District- Araria ====================================================== Shivlal Rai Son of Sri Janu Rai @ Jano Rai Resident of Vill- Dhamdaha Ward No. 12, P.S.- Jogbani, District- Araria.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ashok Kumar Singh For the Opposite Party/s :

Mr.Mritunjay Kumar Nirala ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 24-07-2024 Heard the learned counsel for the petitioner as well as the learned Additional Public Prosecutor for the State.

2. The petitioner is seeking regular bail in connection with Araria Excise and Prohibition P.S. Case No. 137 of 2024 for the offences punishable under Section 30(a) of Bihar Prohibition and Excise Act 2018.

3. As per allegation, on the tip off, the informant along with police personnel reached the place of occurrence and apprehended the petitioner from whose possession 117 liters of illicit Nepali wine was recovered from possession of the petitioner.

4. The learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. He has further submitted that nothing was recovered

Patna High Court CR. MISC. No.49040 of 2024(2) dt.24-07-2024 2/2 from possession of the petitioner. He has also submitted that the petitioner is a person of clean antecedent and is under custody since 31.03.2024.

5. On the other hand, the learned APP for the State has opposed the prayer for bail.

6. Considering the above-mentioned facts and circumstances, as well as the clean antecedent of the petitioner, let the petitioner above-named be released on bail on furnishing bail bonds of Rs.10,000/- (ten thousand rupees) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Excise Court-2, Araria in connection with Araria Excise and Prohibition P.S. Case No. 137 of 2024, subject to the following conditions:- (i) The petitioner shall cooperate in the disposal of trial and make himself available as and when required by the court.

(Nawneet Kumar Pandey, J) Nirmal/- U T