Awadhesh Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.57584 of 2022 Arising Out of PS. Case No.-239 Year-2022 Thana- DORIGANJ District- Saran ====================================================== Awadhesh Rai S/o Lalan Ray Resident of village- Nehal Tola, Police StationDoriganj, District- Saran (Chapra). ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Sachida Nand Rai, Adv.

For the Opposite Party/s :

Mr. Bishweshwar Ram, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 02-12-2022 Let the defect, if any, be removed within two weeks from today.

Heard learned counsel for the petitioner and learned A.P.P. for the State through virtual mode.

The petitioner seeks regular bail in connection with Doriganj P.S. Case No. 239 of 2022 lodged under Sections 30(a) of Bihar Prohibition and Excise Act, 2018.

As per prosecution case, the total recovery of 120 liter country made wine has been made, which is subject matter of the present case.

Learned counsel for the petitioner submits that petitioner is innocent and has committed no offence. He further submits that antecedent of petitioner is clean and as per allegation made in the seizure list the said recovery was made

Patna High Court CR. MISC. No.57584 of 2022(2) dt.02-12-2022 2/2 near Ganga river at Raghav Ghat which is an open place. He also submits petitioner was apprehended upon chase alongwith two other persons. He further submits that nothing was recovered from the conscious possession of petitioner, he is custody since 16.08.2022 and charge sheet has already been filed in this case.

Learned counsel for the State opposes the prayer for bail.

In the present facts and circumstances of this case and the submissions made above, let the petitioner above named, be granted bail on furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) with two sureties of the like amount each to the satisfaction of learned Additional District and Sessions Judge-II-cum-I-Exclusive Special Judge, Excise, Chapra, Saran in connection with Doriganj P.S. Case No. 239 of 2022, subject to the conditions as laid down under Section 437(3) of Cr.P.C. With this observation, the bail application stands allowed.

(Dr. Anshuman, J.) ravishankar/- U T