Shambhu Rai @ Shambhu Ray v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.51842 of 2019 Arising Out of PS. Case No.-86 Year-2019 Thana- MANIGACHI District- Darbhanga ====================================================== SHAMBHU RAI @ SHAMBHU RAY, S/o Late Ram Phal Rai, R/o villageMahthaur, P.S.- Manigachhi, District- Darbhanga ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Nilendu Kumar Choudhary For the Opposite Party/s :

Mr.Sanjay Kumar Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 2/ 21-08-2019 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner seeks bail in GO Case No.458 of 2019 arising out of Manigachhi P.S. Case No.86 of 2019 instituted for the offence under Section(s) 272, 273/34 Indian Penal Code and Section(s) 30(a) of Bihar Prohibition and Excise Act, 2016. It is alleged that the informant got information that Rajesh Rai is keeping liquor. The informant reached near orchard upon which two persons started running away. One person was arrested, who disclosed his name as petitioner. The police made search in orchard and in south eastern area of the orchard two plastic bags containing Nepali liquor was recovered.

Counsel for the petitioner submits that Petitioner has

Patna High Court CR. MISC. No.51842 of 2019(2) dt.21-08-2019 2/2 been arrested merely on suspicious. Recovery has been made from orchard.

Petitioner is in custody since 12.05.2019 having clean antecedents.

In the facts and circumstances of the case, prayer of the petitioner for grant of bail is allowed. Let the petitioner, above named, 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 Additional Sessions Judge II cum Special Judge, Excise, Darbhanga, in connection with GO Case No.458 of 2019 arising out of Manigachhi P.S. Case No.86 of 2019, subject to the condition that both the bailors shall be close relative of the petitioner.

(Sanjay Priya, J) J. Alam/- U T