Prashant Kumar Rai @ Vijay Rai @ Prasant Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.70037 of 2018 Arising Out of PS. Case No.-154 Year-2018 Thana- MOHAMMADPUR District- Gopalganj ====================================================== Prashant Kumar Rai @ Vijay Rai @ Prasant Kumar, Son of Late Vidya Rai, Residents of Village- Ghogharha, P.S.- Mohammadpur, District- Gopalganj. ... ... Petitioner

Versus

The State of Bihar.

... ... Opposite Party ====================================================== Appearance :

For the Petitioner/s :

Mr. Sanjay Kumar For the Opposite Party/s :

Mr. Md. Anzarul Haque Sahara ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 05-12-2018 Petitioner prays for bail in connection with Mohammadpur P.S.Case No. 154 of 2018 registered for the offences punishable under Sections 30(a), 33, 38 and 41 of Bihar Prohibition and Excise Act, 2016.

Allegation against the petitioner is of recovery of 4180 litres of liquor from truck and pickup van and petitioner was arrested there.

Submission of learned counsel for the petitioner is that he is neither driver nor owner of the truck or pickup van, rather he is an employee of Electricity Department and he was arrested only because he was present there and he is in custody since 16.9.2018 and other co-accused having similar allegation has been granted bail by a co-ordinate Bench of this Court vide order dated 27.11.2018 in Cr.Misc.No. 69861 of 2018.

Patna High Court Cr.Misc. No.70037 of 2018(2) dt.05-12-2018 2/2 Heard learned APP also.

Having heard both sides and in the facts and circumstances, let petitioner, above named, 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 Additional District Judge-II-cum-Special Judge, Excise, Gopalganj, in connection with Mohammadpur P.S.Case No. 154 of 2018, subject to the condition that one of the bailors of the petitioner shall be a local person having sufficient immoveable properties within the jurisdiction of the court concerned.

(Vinod Kumar Sinha, J) spal/- U T