Bharat Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.57793 of 2021 Arising Out of PS. Case No.-293 Year-2021 Thana- SITAMARHI District- Sitamarhi ====================================================== Bharat Rai Son of Binda Rai Resident of Village- Bariyarpur, Ward No. -3, P.S. and District- Sitamarhi.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Devendra Kumar For the Opposite Party/s :

Mr.A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 17-12-2021 Heard learned counsel for the parties through video conferencing.

The petitioner seeks bail in a case registered for the offence under Section 30(a)/36 of Bihar Prohibition and Excise Act.

603 liters & 900 ml. of Nepali Saufi wine has been recovered near the house of the petitioner.

It is submitted on behalf of petitioner that nothing has been recovered from the conscious possession of the petitioner. Petitioner claims clean antecedent and he is in custody since 28.04.2021. Investigation is complete.

Learned A.P.P. for the State has opposed the bail petition.

Considering the nature of allegation, clean antecedent

Patna High Court CR. MISC. No.57793 of 2021(2) dt.17-12-2021 2/2 and period of custody, the bail petition of petitioner is allowed. Let the above named petitioner 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 Additional Sessions Judge II cum Special Judge, Excise Act, Sitamarhi in connection with Sitamarhi P.S. Case No. 293 of 2021. (Prabhat Kumar Singh, J) anay/- U T