Jawala Rai v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.46819 of 2019 Arising Out of PS. Case No.-134 Year-2019 Thana- GAIGHAT District- Muzaffarpur ====================================================== JAWALA RAI, aged about 43 years, Male, Son of Bindeshwar Ray, Resident of Village- Dhubauli, P.S.- Gaighat, District- Muzaffarpur ... Petitioner
Versus
THE STATE OF BIHAR ... Opposite Party ====================================================== Appearance :
For the Petitioner :
Mr. Bela Singh, Adv.
For the Opposite Party :
Mr. Md. Fahimuddin, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 29-07-2019 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the state.
The petitioner seeks pre-arrest bail in connection with Gaighat P.S. Case No. 134 of 2019 (G.R. No. 960 of 2019) for the offence alleged under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.
The accusation is of recovery of Indian made foreign liquor contained in different bottles in volume of 830.430 liters in a ditch situated behind the house of the petitioner. The submission of the learned counsel for the petitioner is that the alleged liquor was said to be recovered behind the house of the petitioner and not from the house of the petitioner.
Learned Additional Public Prosecutor for the State opposes the prayer for pre-arrest bail.
Patna High Court CR. MISC. No.46819 of 2019(2) dt.29-07-2019 2/2 Having regard to the facts and circumstances of the case, let the petitioner, above named, in the event of surrender/arrest, within a period of four weeks from today, in connection with Gaighat P.S. Case No. 134 of 2019 (G.R. No. 960 of 2019) shall be released on pre-arrest bail on furnishing bail bond of Rs.10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of the Special Judge, Excise, Muzaffarpur, or the successor Court subject to the conditions as laid down under Section 438(2) Criminal Procedure Code.
(Rajendra Kumar Mishra, J) Shamshad/- U T