Sudhir Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.52245 of 2019 Arising Out of PS. Case No.-35 Year-2019 Thana- GADHPURA District- Begusarai ====================================================== Sudhir Rai S/o Ambika Rai @ Ambika Ray R/o village- Musepur, Gandhi Tola, P.S.- Garhpura, District- Begusarai. At present Resident of Braj Mohan Niwas, Kachahri Road, Opp. Alahabad Bank, P.S.- Town, District- Begusarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Pritish Kumar Lal For the Opposite Party/s :

Mr.Suresh Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 22-08-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case instituted for the offences under Sections 25(a-b)a and 26 of the Arms Act and 30(a) of the Bihar Prohibition and Excise Act, 2016. Prosecution case, in short, is that 32.835 liters wine and one country made pistol along with two live cartridges are recovered.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 26.06.2019 and has got no criminal antecedent. Charge sheet/prosecution report has been submitted in this case. There is no allegation of tampering of witnesses alleged against the petitioner. It is alleged that 32.835 liters wine

Patna High Court CR. MISC. No.52245 of 2019(2) dt.22-08-2019 2/2 and one country made pistol along with two live cartridges are recovered. There is no compliance of Section 100 Cr.P.C. On behalf of the State, it is submitted that the petitioner is named in the F.I.R./complaint case.

Considering the aforesaid facts and circumstances, it is directed that the petitioner, above named, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge II-cum-Special Judge, (Excise Act), Begusarai in connection with Garhpura P.S. case No.35 of 2019. (Sudhir Singh, J) Narendra/- U T