Sanjay Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.23656 of 2018 Arising Out of PS. Case No.-41 Year-2018 Thana- GOVERNMENT OFFICIAL COMP. District- Vaishali ====================================================== Sanjay Rai, son of Hardev Rai, resident of Village- Samaspura, Police Station- Mahua, District- Vaishali at Hajipur. ... ... Petitioner

Versus

The State of Bihar.

... ... Opposite Party ====================================================== Appearance :

For the Petitioner/s :

Mr. Shambhu Prasad Yadav, Adv.

For the Opposite Party/s :

Mr. A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 23-04-2018 Heard Sri Shambhu Prasad Yadav, learned counsel for the petitioner and learned Addl. Public Prosecutor. The sole petitioner, apprehending his arrest in C2A no.41/2018, registered for the offence under Section30(a) and 35(a) of the Bihar Prohibition and Excise Act, 2016, has prayed for grant of bail, in the event of his arrest or surrender. Learned counsel for the petitioner submits that recovery of more than 205 liters of Indian Make Foreign Liquor was shown from a open hut , which was situated beside a village road.It has been argued that due to village politics, the petitioner has falsely been implicated in the present case, whereas the petitioner is having clean antecedent, which fact has been stated in paragraph-3 of the petition.

Patna High Court Cr.Misc. No.23656 of 2018(2) dt.23-04-2018 2/2 Learned Addl. Public Prosecutor has opposed the prayer for bail.

However, considering the fact that recovery of liquor was affected from the open hut as well as clean antecedent of the petitioner, in the event of his arrest or surrender within a period of six weeks from today, let the petitioner, namely, Sanjay Rai, 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 the learned Addl. District and Sessions Judge-II-cum- Special Judge, Vaishali at Hajipur in connection with C 2A no.41/2018, subject to conditions as laid down in Section 438(2) of the Code of Criminal Procedure. (Rakesh Kumar, J) nawalkrs/- U T