Rambabu Rai @ Rambabu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.3840 of 2021 Arising Out of PS. Case No.-129 Year-2020 Thana- LALGANJ District- Vaishali ====================================================== RAMBABU RAI @ RAMBABU KUMAR SON OF SIKANDAR RAI R/O VILL.- SALEMPUR, P.S.- LALGANJ, DIST.- VAISHALI ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Shyameshwar Kumar Singh, Advocate For the Opposite Party/s :

Mr. Md. Aslam Ansari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 30-07-2021 Heard Mr. Shyameshwar Kumar Singh, learned Advocate for the petitioner and Mr. Md. Aslam Ansari, learned APP for the State.

The petitioner seeks bail in anticipation of his arrest in connection with Lalganj P.S. Case No. 129 of 2020 dated 08.05.2020 instituted for the offence under Section 30(a) of the Bihar Prohibition and Excise Act, 2018.

The police received information that the petitioner and others were dealing in sale and purchase of liquor. A raid, therefore was conducted and from different places, huge quantity of liquor and distilled water were recovered. None of the places of recovery are closed spaces and such recovery cannot at all be saddled on the petitioner.

Patna High Court CR. MISC. No.3840 of 2021(2) dt.30-07-2021 2/2 Learned counsel for the petitioner has submitted that the FIR has been lodged against the petitioner only on suspicion. Nothing appears to have been recovered from any place which can be said to be in possession of the petitioner.

The petitioner does not have criminal antecedents.

On the basis of the aforestated facts three of the other accused persons have been granted bail by different Bench of this Court.

Considering all these facts, the petitioner is directed to be released on bail, in the event of his arrest or surrender before the court below within a period of eight weeks from the date of receipt/production of a copy of this order, on his furnishing bail bonds in the sum 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 Hajiur in connection with Lalganj P.S. Case No. 129 of 2020, subject to the conditions as laid down under Section 438(2) Cr.P.C.

(Ashutosh Kumar, J) krishna/- U T