Patna High CourtCR. MISC./68443/2021bail granted

Umi Rai @ Umakant Rai v. The State Of Bihar

2022-05-26Mr. Justice Ashutosh Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.68443 of 2021 Arising Out of PS. Case No.-188 Year-2021 Thana- SAHEBPUR KAMAL DistrictBegusarai ====================================================== Umi Rai @ Umakant Rai Son of Basudeo Rai Resident of Village - Raghunathpur, P.S. - Sahebpur Kamal, District - Begusarai. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Hare Krishna Prasad, Adv.

For the Opposite Party/s :

Mr.Humayou Ahmad Khan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 26-05-2022 Heard Mr. Hare Krishna Prasad, learned advocate for the petitioner and learned Additional Public Prosecutor representing the State.

The petitioner seeks bail in connection with S. Kamal P.S. Case No. 188 of 2021 dated 04.08.2021 instituted for the offences under Sections 120(b), 414 of the Indian Penal Code and Section 30(a) of the Bihar Prohibition and Excise Act, 2016. From the fodder house of the petitioner, 211.680 litres of liquor is said to have been recovered. A motorcycle was also found parked in front of the aforesaid fodder house from where 7.2 litres of liters is said to have been recovered. All the recoveries have been saddled on the petitioner. The learned counsel for the petitioner submits that the

Patna High Court CR. MISC. No.68443 of 2021(2) dt.26-05-2022 2/2 fodder house is situated behind his house and is accessible to all and sundry. Thus any recovery from there cannot exclusively be saddled on him.

Be that as it may, taking into account that the petitioner does not have criminal antecedents and his period of custody which is from 06.08.2021, he is directed to be released on bail on his furnishing bail bonds in the sum of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge-II cum Special Judge, Excise Act, Begusarai in connection with S. Kamal P.S. Case No. 188 of 2021.

(Ashutosh Kumar, J) rishi/- U T