Patna High CourtCR. MISC./30757/2018allowed

Devanand Rai @ Deva Rai v. The State Of Bihar

2018-06-04Mr. Justice Arvind Srivastava2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.30757 of 2018 Arising Out of PS.Case No. -70 Year- 2018 Thana -MAHUA District- VAISHALI(HAJIPUR) ======================================================

1. Devanand Rai @ Deva Rai son of Sogarath Rai resident of village - Mahua Ram Rai, P.S. - Mahua, District - Vaishali. .... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Bela Singh, Adv For the Opposite Party/s : Mr. Dr. Rabindra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 04-06-2018 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner is apprehending his arrest in connection with Mahua P.S. Case No. 70/2018, registered for offences punishable under Section 30(a) of Bihar Prohibition and Excise Act, 2016.

Allegation is of recovery of 1499 litre and 400 M.L of Indian Made foreign liquor.

It has been submitted on behalf of the petitioner that the alleged recovery has been made from the land of one Sitaram Singh and petitioner has falsely been made accused in this case alleging that he along with three others were involved in selling the said liquor. However, nothing has been recovered from the

Patna High Court Cr.Misc. No.30757 of 2018 (2) dt.04-06-2018 2/2 possession of the petitioner and he has no criminal antecedent. Considering the facts and circumstances of the case, let the petitioner above named, in the event of his arrest or surrender before the court below within a period of six weeks from the date of receipt/production of a copy of this order, be enlarged on bail on furnishing bond of Rs.

10,000 (Rs.

Ten Thousand) with two sureties of the like amount each to the satisfaction of learned 2nd Additional Sessions Judge - cumSpecial Judge Excise Act, Vaishali, in connection with Mahua P.S. Case No. 70/2018, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Arvind Srivastava, J) sunil/- U T