Suhag Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.79202 of 2018 Arising Out of PS. Case No.-154 Year-2018 Thana- HAJIPUR District- Vaishali ====================================================== Suhag Rai, son of Shyam Bahadur Rai, resident of Village-Litiyahi, P.S.- Raghopur (Rustampur-OP), District-Vaishali.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Anish Chandra, Advocate.

For the Opposite Party/s :

Smt. Asha Kumari, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 23-01-2019 Heard learned counsel for the petitioner and the State.

The petitioner seeks bail in Hajipur Nagar P.S. Case No. 154 of 2018, instituted for the offence under Section(s) 272, 273, 188/34, 414 and 120(B) of the Indian Penal Code read with Sections 30 and 38 of Bihar Excise and Prohibition Act, 2016.

It is alleged in the written report that informant along with police personnel during patrolling duty saw one Auto loaded with plastic bag coming towards Hajipur. On seeing the police party, two persons sitting on the Auto tried to run away but police arrested Tempo Driver who disclosed his name as Dinesh Rajak. He disclosed that the alleged Auto belongs to the petitioner. It is further alleged that 52.920 liters of foreign

Patna High Court Cr.Misc. No.79202 of 2018(2) dt.23-01-2019 2/2 liquor has been recovered from the aforesaid Auto. The other accused person managed to run away.

Petitioner is in custody since 5.11.2018 having clean antecedent.

Considering the aforesaid facts and circumstances of the case, prayer for bail of the petitioner is allowed. 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 learned Additional Sessions Judge-II-cum-Special Judge (Excise Act), Vaishali at Hajipur, in connection with Hajipur Nagar P.S. Case No. 154 of 2018, subject to the condition that both the bailors will be the close relatives of the petitioner.

It is mentioned in paragraph-3 of the bail petition that other cases of Excise Act are also pending against the petitioner. petitioner will file affidavit at the time of furnishing bail bonds that he will not indulge in such type of activity in future, failing which, the bail bonds of the petitioner in the instant case will liable to be cancelled.

(Sanjay Priya, J) S.Ali/- U T