Narad Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.71836 of 2021 Arising Out of PS. Case No.-335 Year-2020 Thana- CHIRAIYA District- East Champaran ====================================================== Narad Rai, S/O Late Ram Babu Rai R/O Village- Madilawa, P.S.- Chiraiya, District- East Champaran, Motihari ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr. Sharda Nand Mishra For the Opposite Party/s :

Mr. Tarkeshwar Nath Thakur ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 22-07-2022 Heard learned counsel for the petitioner and learned APP for the State through video conferencing. The petitioner seeks bail in anticipation of his arrest in a case registered for the offences punishable under Section 30(a) of the Excise Act, 2016.

The learned counsel for the petitioner submits that the petitioner is a person with clean antecedent and the allegation is of recovery of 10 litre of liquor from petitioner's house and recovery of Kasturi, Relax and Arhar as detailed in the F.I.R. from the house of Bijuli Sah.

The learned counsel for the petitioner submits that petitioner was not arrested from the spot and nothing was recovered from his conscious possession. It is next submitted that no one was present in the house and the house is a joint

Patna High Court CR. MISC. No.71836 of 2021(3) dt.22-07-2022 2/2 family property, as such, the petitioner came to be implicate merely because it was informed that the house belongs to the petitioner Learned A.P.P. opposes the bail application.

Considering the submissions made by the learned counsel for the petitioner and the fact that the petitioner is a man of clean antecedent, the petitioner, above-named, in the event of his arrest or surrender before the learned Court below within a period of six weeks, is directed to be released on bail on his furnishing bail-bonds in the sum of Rs. 1,000/- (Rupees One Thousand) with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending in connection with Chiraiya P. S. Case No.335 of 2020, subject to the conditions laid down under Section 438(2) of the Cr.P.C.

The application stands allowed.

(Satyavrat Verma, J) vikash/- U T