Manoj Rai @ Sanjeev Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.74265 of 2019 Arising Out of PS. Case No.-328 Year-2017 Thana- MUFFASIL District- West Champaran ====================================================== MANOJ RAI @ SANJEEV KUMAR Son of Late Gopalji Rai Resident of Village- Gnauli Ward No.12, Police Station- Bettiah (Muffasil), District- West Champaran at Bettiah ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Raghunandan Kumar Singh For the Opposite Party/s :

Mr.Sanjay Kumar Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 04-03-2020 Heard learned counsel for the petitioner and learned counsel appearing on behalf of the State.

Pursuant to the order dated 14.02.2020, Mr. Vikash Kumar, learned counsel appearing on behalf of the State has handed over copy of the report of chemical examiner to suggest that sample was analyzed and it was containing alcohal. On specific query, Mr. Vikash Kumar admitted that it is only the sample of particular bottle and not the sample from the other sealed bottle was taken as sample and sent for chemical examination.

It is now admitted position that sampling was not done with regard to each and every unit bottle. Unlike the offences under the Narcotic Drugs and Psychotropic Substances Act, the offences under the Bihar Prohibition and Excise Act is

Patna High Court CR. MISC. No.74265 of 2019(6) dt.04-03-2020 2/2 not quantity based.

The petitioner is languishing in jail as under trial prisoner in connection with Bettiah Muffasil P.S. Case No. 328 of 2017 for the offences under the provisions of Bihar Prohibition and Excise Act, 2016.

Considering the fact that the offence is not quantity based and the petitioner as under trial prisoner has remained in custody, the Court is inclined to grant bail to the petitioner. Let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 50,000/- (Fifty Thousand) with two sureties of the like amount each to the satisfaction of the Special Judge, Excise, West Champaran at Bettiah in connection with Bettiah Muffasil P.S. Case No. 328 of 2017, subject to the condition that on release if the petitioner is found indulged in similar activities, then the court below shall be at liberty to cancel bail bonds of the petitioner.

With the aforesaid, the application stands disposed of. (Anil Kumar Upadhyay, J) spandey/- U T