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Patna High CourtCR. MISC./33062/2018bail granted

Suresh Rai @ Surendra Rai v. The State Of Bihar

2018-06-13Mr. Justice Rakesh Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No. 33062 of 2018 Arising Out of PS. Case No.-62 Year-2018 Thana- Goraul District- Vaishali ====================================================== Suresh Rai @ Surendra Rai, son of Police Rai, Resident of Village- Bari Piroi, P.S. Goraul, District Vaishali.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Nityanand For the Opposite Party/s :

Mr. Md. Nazir Ansari ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 2.

13-06-2018 Heard Sri Nityanand, learned counsel for the petitioner and learned Addl. Public Prosecutor. The sole petitioner, apprehending his arrest in Goraul P.S. Case No. 62 of 2018 registered for offence under Sections 30(A) & 32(2) of the Bihar Prohibition and Excise Act, 2016, has prayed for grant of bail in the event of his arrest or surrender.

At the very outset, learned counsel for the petitioner has drawn my attention to statement made in paragraph - 3 of the petition to show that petitioner is having clean antecedent. It has also been argued that petitioner has been made accused on an accusation of recovery of about 25.920 liters of Indian make foreign liquor from an open cow-shed of the petitioner. Learned counsel for the petitioner has emphasized that petitioner was not

Patna High Court Cr.Misc. No.33062 of 2018(2) dt.13-06-2018 2/2 at all aware as to who had kept the said wine in the open cowshed. It has also been argued that it appears that due to village politics, the petitioner has falsely been implicated in the present case.

Be that as it may considering the nature of accusation and clean antecedent of the petitioner, in the event of arrest or surrender within a period of six weeks from today, let the petitioner namely Suresh Rai @ Surendra Rai be enlarged 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, Vaishali, Hajipur in connection with Goraul P.S. Case No. 62 of 2018, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure, 1973.

(Rakesh Kumar, J.) anay U T