Patna High CourtCR. MISC./63138/2023bail granted

Bhushan Rai v. The State Of Bihar

2023-10-06Mr. Justice Chandra Prakash Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.63138 of 2023 Arising Out of PS. Case No.-1678 Year-2023 Thana- Excise P.S. District- East Champaran ====================================================== Bhushan Rai Son of Late Sharwan Rai R/O Vill - Bhela Champara, P.S. - Turkaulia, Distt - East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Abhishek Kumar, Adv.

For the Opposite Party/s :

Mr. Umanath Mishra, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 06-10-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Excise P.S. Case No. 1678 of 2023 dated 26.07.2023 instituted for the offences under Section 30(a) of the Bihar Prohibition and Excise Act.

3. As per the prosecution case, police has recovered 90 litres of Cane Beer Kingfisher from the vehicle bearing registration no. BR-06-Q-8123. The car was being driven by the petitioner. On seeing the police, the petitioner tried to flee away after leaving the car but, on chase, he was arrested on the spot and, on query, he disclosed that the liquor was to be delivered to Anil Sahani and Golu Sahani.

Patna High Court CR. MISC. No.63138 of 2023(2) dt.06-10-2023 2/2

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. The petitioner has clean antecedent as has been stated in paragraph no.3 of the present bail petition. The petitioner is in judicial custody since 27.07.2023.

5. Learned APP has vehemently opposed the bail petition of the petitioner.

6. Considering the entire facts and circumstances of the case, the petitioner, above named, 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 Exclusive Special Excise Court No.2, Motihari, East Champaran in connection with Excise P.S. Case No. 1678 of 2023.

(Chandra Prakash Singh, J) rishi/- U T