Govind Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.40471 of 2020 Arising Out of PS. Case No.-102 Year-2020 Thana- PANAPUR District- Saran ====================================================== GOVIND RAI S/O PUNDEV RAI R/O VILLAGE-TOTHA JAGATPUR, P.S-PANAPUR, DISTRICT-SARAN AT CHAPRA.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Jeetendra Narayan For the Opposite Party/s :

Mr.Pramod Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 08-02-2021 Heard both parties.

The petitioner seeks bail in Panapur P.S. Case No. 102 of 2020, registered for the offence punishable punishable under Section 30, 30(a), 38 and 41 of the Bihar Prohibition and Excise Act, 2016.

2500 litres of country made wine has been recovered from the hut of this petitioner.

It is submitted on behalf of the petitioner that hut in question does not belong to this petitioner. Nothing has been recovered from conscious possession of this petitioner. Chargesheet has already been submitted. Petitioner is in custody since 19.07.2020 having clean antecedent, as stated in para 3 of the petition.

Considering the facts and circumstances of the case,

Patna High Court CR. MISC. No.40471 of 2020(2) dt.08-02-2021 2/2 the petitioner above-named, is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge-II-cum-Special Court, Excise Act, Saran in connection with Panapur P.S. Case No. 102 of 2020, subject to following conditions:- (i) The petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the Court and in the event of failure on two consecutive dates without sufficient reasons, his bail bond shall be liable to be cancelled by the court below.

(ii) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner. (Prabhat Kumar Singh, J) vinita/- U T