Sanjay Rai @ Sanjay Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.73472 of 2019 Arising Out of PS. Case No.-301 Year-2019 Thana- PAKRIDAYAL District- East Champaran ====================================================== SANJAY RAI @ SANJAY KUMAR S/o Surajdeo Rai Resident of VillageHarnathpur Parsauni, P.S.- Pakrideyal, Dist- East Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sangeet Deokuliar For the Opposite Party/s :

Mr.Tarun Prasad Mandal ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 18-11-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case instituted for the offences under Section 414 of I.P.C. and 30(a) of the Bihar Prohibition and Excise Act, 2016.

Prosecution case, in short, is that 2540.160 liters wine is recovered.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 23.09.2019 and has got no criminal antecedent. Charge sheet/prosecution report has been submitted in this case. There is no allegation of tampering of witnesses alleged against the petitioner. It is alleged that 2540.160 liters wine is recovered from the truck. The truck in question does not belong to the petitioner. The petitioner had no

Patna High Court CR. MISC. No.73472 of 2019(2) dt.18-11-2019 2/2 knowledge that the truck in in question is stolen property. Hence no offence under Section 414 of I.P.C. is made out. There is no compliance of Section 100 Cr.P.C.

On behalf of the State, it is submitted that the petitioner is named in the F.I.R./complaint case. Considering the aforesaid facts and circumstances, it is directed that the petitioner, above named, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge, Excise Act, Motihari, East Champaran in connection with PakridayalP.S. case No.301 of 2019. (Sudhir Singh, J) Narendra/- U T