Nawal Ray @ Nawal Rai @ Nawal Kishore Ray @ Nawal Kishore Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.3782 of 2018 Arising Out of PS.Case No. -164 Year- 2017 Thana -KARJA District- MUZAFFARPUR ====================================================== Nawal Ray @ Nawal Rai @ Nawal Kishore Ray @ Nawal Kishore Rai S/o Late Harilal Ray, R/o Village- Jhakhra, P.S.- Kajra, District- Muzaffarpur. .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Amit Kumar Jha For the Opposite Party/s : Mr. Mritunjay Kumar Nirala ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 02-02-2018 Petitioner apprehends his arrest in connection with Karja P.S.Case No. 164 of 2017 registered for the offences under Sections 272, 273/34 of the Indian Penal Code and Sections 30(a) and 35(a) of Bihar Prohibition and Excise Act, 2016. Allegation against the petitioner is of recovery of huge quantity of liquor from his house.

Submission of learned counsel for the petitioner is that the house is abandoned house and petitioner has no knowledge about the seizure and he was not arrested at the spot and there is no signature on the seizure list either by petitioner or by his family members.

Heard learned APP also.

In the facts and circumstances and also considering the

Patna High Court Cr.Misc. No.3782 of 2018 (2) dt.02-02-2018 2/2 fact that provision of Section 100 Cr.P.C. has not been complied, let the petitioner, above named, in the event of his arrest or surrender, 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 3rd Additional Sessions Judge, Excise, Muzaffarpur, in connection with Karja P.S. Case No. 164 of 2017, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure and further conditions that (1) one of the bailors shall be a local person having sufficient immoveable properties within the jurisdiction of court concerned and (2) petitioner will co-operate in investigation and will appear before the Investigating Officer as and when required, except on genuine reason, failing which his bail bond shall be cancelled.

(Vinod Kumar Sinha, J) spal/- U