Sumant Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.50036 of 2022 Arising Out of PS. Case No.-32 Year-2021 Thana- SIMRI District- Buxar ====================================================== Sumant Rai S/O Late Daya Shankar Rai Resident of village- Simari Dudhipatti, P.S.- Simari, District- Buxar.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Dr. Kamal Deo Sharma, Adv.

For the Opposite Party/s :

Mr. Anil Kumar Singh No. 1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 25-11-2022 Let the defect(s), if any, be removed within two weeks from today.

Heard learned counsel for the petitioner and learned A.P.P. for the State through virtual mode.

The petitioner seeks regular bail in connection with Simari P.S. Case No. 32 of 2021 lodged under Section 30(a) of the Bihar Prohbition and Excise (Amendment) Act, 2018. As per the prosecution case, total recovery of 334 liter foreign wine is subject matter of the present case. Learned counsel for the petitioner submits that petitioner is innocent and has committed no offence. He further submits that petitioner is in custody since 22.05.2022 having one criminal case pending against him in which he is on bail. Learned counsel submits that charge sheet has already been filed

Patna High Court CR. MISC. No.50036 of 2022(2) dt.25-11-2022 2/3 in this case. He also submits that the petitioner, was not apprehended from the place of occurrence and the said recovery, as per the seizure list, was made from agricultural field of tomato and not form the petitioner's possession. Learned counsel for the State opposes the prayer for bail.

In the present facts and circumstances of this case and the submissions made above, let the petitioner above named, be granted bail on furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Judge, Excise Court - 2, Buxar in connection with Simari P.S. Case No. 32 of 2021, subject to the conditions as laid down under Section 437(3) of Cr.P.C. with other following conditions: A. The petitioner shall support in trial and shall appear physically before the lower court on each and every date fixed. In case of non-appearance for two consecutive dates without sufficient cause, shall be resulted into cancellation of his bail bond.

B. One of the bailors shall be close relative who shall file affidavit before the court about his relationship with the petitioner.

Patna High Court CR. MISC. No.50036 of 2022(2) dt.25-11-2022 3/3 C. The petitioner shall file an affidavit at the time of furnishing of bail bond that he shall not involve in such criminal activity during the continuance of present bail bond, violation of this condition shall be resulted into cancellation of his present bail bond.

With this observation, the bail application stands allowed.

(Dr. Anshuman, J.) ashishsingh/- U T