Naresh Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.64080 of 2019 Arising Out of PS. Case No.-179 Year-2019 Thana- ROHTAS District- Rohtas ====================================================== NARESH RAI (Male), aged about 35 years, Son of Videshi Rai, Resident of Village- Dhanukhi, P.S.- Dumra, District- Sitamarhi, At present residing at house of Manoj Lal, Muhalla- Lala Muhalla, P.S.- Bikramganj, DistrictRohtas. ... ... Petitioner

Versus

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

For the Petitioner :

Mr.Sada Nand Roy, Advocate.

For the Opposite Party :

Mr.Mritunjay Kumar Nirala, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 16-10-2019 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner seeks bail in a case for the offence registered under Sections 30(a) and 37(b) of the Bihar Prohibition and Excise Act, 2016.

The prosecution story, in brief, is that total 25 liters wine is said to have been recovered.

It has been submitted by learned counsel for the petitioner that the petitioner is languishing in custody since 28.07.2019. The petitioner has got no criminal antecedent. The petitioner has falsely been implicated in the present case. Charge sheet/prosecution report has been submitted in the present case. There is no allegation of tampering with the

Patna High Court CR. MISC. No.64080 of 2019(2) dt.16-10-2019 2/2 witnesses alleged against the petitioner. It is alleged that total 12 liters wine is recovered. There is no compliance of Section 100 Cr. P.C.

On behalf of the State, it is submitted that the petitioner is named in the F.I.R/ Complaint Case. Considering the aforesaid facts and circumstances, let the petitioner above named, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned 2nd Additional Judge-cum-Special Judge, Excise Act, Rohtas at Sasaram, in connection with Rohtas P.S. Case No. 179 of 2019. (Sudhir Singh, J) U.K./- U T