Nagendra Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.48433 of 2019 Arising Out of PS. Case No.-186 Year-2019 Thana- GOVERNMENT OFFICIAL COMP. District- Gopalganj ====================================================== Nagendra Rai, aged about 40 years, Male, Son of Chandradeo Rai Resident of Village - Mahua, P.S.- Baikunthpur, Distt - Gopalganj. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Umesh Kumar Singh For the Opposite Party/s :

Mr.Rajesh Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 05-08-2019 Heard learned counsel for the petitioner and learned counsel for the State.

In this case, the petitioner is apprehending his arrest in connection with Excise Case No. 186 of 2019 registered for offences under sections 30(a) of the Bihar Prohibition and Excise Act, 2018.

As per prosecution case, the police on receipt of secret information made a raid at the house of the petitioner and recovered 9.08 liters of the illegal country made liquor from there.

The petitioner has no criminal antecedent as has been stated in paragraph no.3 of the present bail application. Looking to the quantity of liquor recovered as also the petitioner having no criminal antecedent, let the petitioner, above named, in the event of his arrest or surrender before the

Patna High Court CR. MISC. No.48433 of 2019(2) dt.05-08-2019 2/2 court below within a period of four weeks from today, 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 District & Sessions Judge II cum Special Judge, Gopalganj in connection with Excise Case No. 186 of 2019, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. as also subject to condition that whenever the police will call the petitioner for investigation/interrogation, he will remain present and if he would not present himself, the privilege of grant of anticipatory bail shall be deemed to have been canceled.

However, at the time of accepting bail bonds, the court below will verify and ensure itself regarding criminal antecedent of the petitioner and if it is found that the petitioner has clean antecedent, his bail bond will be accepted but, if it is found that the petitioner is involved in any other case before filing of the present case i.e. 2.8.2019, then he would not be released.

(Shivaji Pandey, J) rishi/- U T