Patna High CourtCR. MISC./70955/2019bail granted

Vijendra Rai v. The State Of Bihar

2019-12-04Mr. Justice Hemant Kumar Srivastava2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.70955 of 2019 Arising Out of PS. Case No.-387 Year-2019 Thana- MANER District- Patna ====================================================== Vijendra Rai S/o Umesh Ray R/o Mohalla- Hulasi Tola, P.S.- Maner, DistrictPatna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Manish Kumar No2 For the Opposite Party/s :

Mr.Yogendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 04-12-2019 Heard learned counsel appearing for the petitioner as well as learned Additional Public Prosecutor for the State. Petitioner seeks bail in a case registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

One hundred litres country-made mahua liquor was recovered from a tube of truck, which was kept on a motorcycle and, furthermore, 10 litres country-made mahua liquor kept in a gallon was recovered from possession of one Rajesh Kumar and 10 litres country-made Mahua liquor kept in a gallon was recovered from possession of one Dharmendra Kumar. Learned counsel of the petitioner submits that the petitioner is in jail custody since 9.8.2019 and as a matter of fact

Patna High Court CR. MISC. No.70955 of 2019(2) dt.04-12-2019 2/2 nothing was recovered from the conscious possession of the petitioner though the petitioner happens to be the owner of the seized motorcycle. He, further, submits that the petitioner does not have any criminal antecedents.

Considering the aforesaid facts and circumstances as well as submissions of the parties as well as period of detention of custody of petitioner, let the petitioner, above named, be released 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 Special Judge, Excise, Patna, in connection with Special Case No. 7095 of 2019 (arising out of Maner P.S. Case No. 387/2019).

(Hemant Kumar Srivastava, J) Spd/- U T