Subhash Rai @ Subash Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.1102 of 2019 Arising Out of PS. Case No.-312 Year-2018 Thana- BANIAPUR District- Saran ====================================================== SUBHASH RAI @ SUBASH RAI Son of Rajendra Rai @ Bhuwar Yadav R/o village- Suroudha, P.S.- Baniyapur, District- Saran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Nalin Kumar For the Opposite Party/s :

Mr. Sanjay Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 17-01-2019 This is an application for grant of anticipatory bail in connection with Baniyapur P.S. Case No. 312 of 2018, disclosing offences under Section 30(a) of the Bihar Prohibition and Excise Act 2016.

Allegation is of recovery of 25 liters country made liquor from the poultry farm and the petitioner is said to be involve in this business.

Submission of learned counsel for the petitioner is that the petitioner has falsely been implicated in this case and nothing has been recovered from his conscious possession rather it is recovered from outside of poultry farm. Further, he has no criminal antecedent.

Heard learned A.P.P. also.

Having heard both sides, considering the above

Patna High Court Cr.Misc. No.1102 of 2019(2) dt.17-01-2019 2/2 submission, this application is allowed. Let the petitioner, above named, in the event of his arrest or surrender before the court below within six weeks, be released on bail on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned VIth Additional District Judge, Saran at Chapra, in connection with Baniyapur P.S. Case No. 312 of 2018, subject to the condition laid down under Section 438(2) of the Code of Criminal Procedure.

(Vinod Kumar Sinha, J) Amjad/- U T