Barun Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.4331 of 2021 Arising Out of PS. Case No.-42 Year-2020 Thana- BALIGAON District- Vaishali ====================================================== BARUN RAI SON OF RAMSHRESTH RAI R/O VILLAGE- GOVINDPUR BELA, P.S.- BALIGAON, DISTRICT- VAISHALI ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Arvind Kumar For the Opposite Party/s :

Mr.Shantanu Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 19-03-2021 Heard learned counsel for the petitioner and learned A.P.P for the State.

The petitioner seeks bail in Baligaon P.S. Case No. 42 of 2020 (CNR No. BRVA010024062020), registered for the offence punishable punishable under Section 30(a), 32(2) and 41(1) of the Bihar Prohibition and Excise Act, 2018. 700 litres of foreign liquor has been recovered from the house of this petitioner.

It is submitted that no recovery has been made from conscious possession of this petitioner. The said house is in joint possession. Petitioner has no concern with the seized liquor and he is in custody since 13.09.2020. Chargesheet has already been submitted.

Considering the facts and circumstances of the case,

Patna High Court CR. MISC. No.4331 of 2021(2) dt.19-03-2021 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-Excise Court, Vaishali at Hajipur in connection with Baligaon P.S. Case No. 42 of 2020 (CNR No. BRVA010024062020), 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