Patna High CourtCR. MISC./37667/2018bail granted

Surendra Rai v. The State Of Bihar

2018-07-11Mr. Justice Rakesh Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No. 37667 of 2018 Arising Out of PS. Case No.-85 Year-2017 Thana- Government Official Comp. DistrictVaishali ====================================================== Surendra Rai S/o Bashishth Rai, R/o Vill.- Shukumarpur, P.S.- Raghopur, District- Vaishali.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Anil Kumar For the Opposite Party/s :

Mr. Satyendra Narayan Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 3.

11-07-2018 Heard Sri Anil Kumar, learned counsel for the petitioner and learned Addl. Public Prosecutor. A - The sole petitioner, apprehending his arrest in C2 85 of 2017 registered for offence under Sections 30(a), 30(d) of Bihar Prohibition and Excise Act, 2016, has prayed for grant of bail in the event of his arrest or surrender. By way of referring to prosecution report i.e. Annexure - 1 to the petition, learned counsel for the petitioner submits that in this case, recovery was not effected either from possession of the petitioner or from his premises, rather in this case, from open diyara, recovery of country-made liquor was shown. It has been argued that on earlier occasion also, petitioner, in similar manner, was arrayed as accused.

Patna High Court Cr.Misc. No.37667 of 2018(3) dt.11-07-2018 2/2 Considering the fact that nothing has been recovered either from possession or premises/field of the petitioner, in the event of his arrest or surrender within a period of six weeks from today, let the petitioner namely Surendra Rai be enlarged 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 2nd Addl. Sessions Judge-cum-Special Judge, Vaishali at A - 85 of 2017, subject to Hajipur in connection with C2 condition as laid down under Section 438(2) of the Code of Criminal Procedure, 1973.

(Rakesh Kumar, J.) anay U T