Virendra Modi @ Viru @ Birendra Modi @ Biru v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.65635 of 2019 Arising Out of PS. Case No.-38 Year-2019 Thana- GOVERNMENT OFFICIAL COMP. District- Lakhisarai ====================================================== VIRENDRA MODI @ VIRU @ BIRENDRA MODI @ BIRU Son of Late Kamleshwari Modi @ Kamleshwar Prasad Resident of Village - Punjabi Muhalla, Ward No.16, P.S.- Kabaiya, Distt.- Lakhisarai. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rabi Bhushan For the Opposite Party/s :

Mr.Rajesh Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 05-11-2019 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner seeks bail in a case registered for the offence punishable under Sections 30(a), 32, 41 and 56 of the Bihar Prohibition and Excise Act.

Prosecution case as lodged by the police personnel is that on secret information that the petitioner is indulged in business of illegal liquor at his house, a raid has been made upon a room of his house and 24 pieces of 375 ml total 9 liters of Royal Stag foreign liquor has been recovered thereafter seizure list prepared. It is further alleged that the petitioner is not present there but co-accused Sobha Devi (mother of the petitioner) has been apprehended by the police.

Patna High Court CR. MISC. No.65635 of 2019(2) dt.05-11-2019 2/2 Learned counsel for the petitioner submits that there is no recovery from the conscious possession of the petitioner but it is recovered from the house of the petitioner. It is further submitted that co-accused Shobha Devi has been granted bail by the learned court below itself. It is further submitted that the petitioner has one criminal antecedent of similar nature as stated in para-3 of the bail petition and he is languishing in judicial custody since 13.08.2019.

In the facts and circumstances of the case, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned 2nd Additional Sessions Judge-cum-Special Judge Excise, Lakhisarai in connection with Excise Case No. 38C 2 of 2019. (Anjani Kumar Sharan, J) devendra/- U T