Patna High CourtCR. MISC./77265/2018bail granted

Rabindra Lal Dev v. The State Of Bihar

2018-12-21Mr. Justice Sanjay Priya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.77265 of 2018 Arising Out of PS. Case No.-430 Year-2018 Thana- BAHADURPUR District- Darbhanga ====================================================== Rabindra Lal Dev S/o Jaleshwar Lal Dev R/o vill. Biuani, O.P. Pataur, P.S. Bahadurpur, Dist. Darbhanga ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Pankaj Kumar Das For the Opposite Party/s :

Mr.Md. Anzarul Haque Sahara ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 21-12-2018 Heard learned counsel for the petitioner and the learned APP for the State.

The petitioner seeks bail in Bahadurpur P. S. Case No. 430 of 2018 instituted for the offence under Section(s) 30(a) 32(2)(3)/38 of the Bihar Prohibition and Excise Act, 2016.

Learned counsel for petitioner submits that there is no recovery of any illicit liquor from possession of this petitioner In the written report, it is alleged that police apprehended two persons with motorcycle. They disclosed their name as Manish Kumar Lal Dev and Chhotu Kumar Lal Dev and at their instance police made recovery of illicit liquor from the hut of Ajay Yadav.

Petitioner is in custody in the instant case since

Patna High Court Cr.Misc. No.77265 of 2018(2) dt.21-12-2018 2/2 12.10.2018.

From para 3 of the bail petition, it appears that seven other cases under different penal Sections of the IPC including Excise Act are pending against this petitioner. Considering the aforesaid, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/-(Ten thousand) with two sureties of the like amount each to the satisfaction of the Addl. Sessions Judge-IVth cum Spl. Judge, Darbhanga, in connection with Bahadurpur P. S. Case No. 430 of 2018, G.O. case no. 866 of 2018 subject to the condition that both the bailors shall be the close relative of the petitioner.

The petitioner will file affidavit at the time of filing bail bond that he would not indulge himself in such type of activities in future. If he is found indulged in such type of activities, his bail bond in instant case will liable to be cancelled.

(Sanjay Priya, J) shyambihari/- U T