Hari Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.64542 of 2021 Arising Out of PS. Case No.-390 Year-2021 Thana- AHIYAPUR District- Muzaffarpur ====================================================== Hari Rai Son of Ram Vilas Rai Resident of Village- Baliya Indrajit ,P.S. - Bochahan, District - Muzaffarpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Udbhav For the Opposite Party/s :

Mrs.Veena Kumari Jaiswal ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 20-12-2021 Heard learned counsel for the parties.

The petitioner seeks bail in a case registered for the offence under the provision of Bihar Prohibition and Excise Act as also of Indian Penal Code.

1869 liters & 840 ml. of illicit foreign liquor has been recovered from a Tata Magic van and apprehended co-accused person revealed the name of this petitioner, as their associate. It is submitted on behalf of petitioner that nothing has been recovered from the conscious possession of this petitioner. Petitioner is neither owner nor driver of the vehicle in question and he is in custody since 23.08.2021.

Learned A.P.P. for the State has opposed the bail petition and submitted that petitioner has got criminal antecedent and he is accused in eleven more case of Excise Act.

Patna High Court CR. MISC. No.64542 of 2021(2) dt.20-12-2021 2/2 Considering the fact that petitioner has got criminal antecedent of similar nature of cases, the learned court below, where the case is pending, is directed to release the petitioner on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each in connection with Ahiyapur P.S. Case No. 390 of 2021, after framing of the charge.

(Prabhat Kumar Singh, J) anay/- U T