Patna High CourtCR. MISC./71748/2019bail granted

Uma Shankar Rai v. The State Of Bihar

2019-11-25Mr. Justice Madhuresh Prasad2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.71748 of 2019 Arising Out of PS. Case No.-129 Year-2019 Thana- KALYANPUR District- East Champaran ====================================================== UMA SHANKAR RAI Son of Ramadhar Rai Resident of Village - Bakhari Patpariya, P.S.- Kalyanpur, District- East Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Umesh Chandra Verma For the Opposite Party/s :

Mr.Kumar Ranjit Ranjan ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 25-11-2019 Heard learned counsel for the petitioner as well as learned Addl. Public Prosecutor for the State. Petitioner seeks bail in a case registered under section 30(a) and 41(i) of Bihar Prohibition and Excise Act. It is submitted by counsel for the petitioner that petitioner has falsely been implicated in this case merely on a disclosure made by co-villager. Specific allegation is against Bulet Yadav @ Satyendra Yadav. Upon his arrest in the instant case, petitioner has been remanded in Kalyanpur P.S. Case no. 138/2019 and Kalyanpur P.S. Case no. 218/2019. Other than these two cases, there is no criminal antecedent prior to implication in the instant case. It is also submitted that there is no recovery whatsoever alleged from the petitioner.

Patna High Court CR. MISC. No.71748 of 2019(3) dt.25-11-2019 2/2 Learned A.P.P. opposes the prayer for bail.

Considering the aforesaid submissions, prayer for bail is allowed.

Let the petitioner be released on bail on furnishing bail bonds of Rs 10,000/- with two sureties of the like amount each to the satisfaction of the Addl. Sessions Judge IX-cumSpecial Judge, Excise Act, East Champaran, Motihari in Kalyanpur P.S. Case no. 129/2019 subject to the following conditions.

(1) That one of the bailors will be a close relative of the petitioner who will give an affidavit giving genealogy as to how he is related with the petitioner. The bailor will also undertake to inform the Court if there is any change in the address of the petitioner.

(2) That the petitioner will be well represented on each date and if he fails to do so on two consecutive dates, his bail will be liable to be cancelled.

(Madhuresh Prasad, J) s.hassan/- U T