Raushan Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.72133 of 2019 Arising Out of PS. Case No.-78 Year-2019 Thana- GHORASAHAN District- East Champaran ====================================================== RAUSHAN RAI Son of Jagdish Ray Resident of Village- Tharghatwa, P.S.- Muffasil, Motihari, District- East Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Karandeep Kumar For the Opposite Party/s :

Mr. Parmanand Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 04-12-2019 Heard learned counsel for the parties.

The petitioner seeks pre- arrest bail in connection with Ghorasahan (Jitna) P. S. Case No. 78 of 2019, registered under Section 414 of the Indian Penal Code and u/s 30(a) of the Bihar Excise Act, 2016.

Petitioner was apprehended from Bolero vehicle which was stopped for checking and the driver of said vehicle fled away. From the said vehicle total 3,000 bottle each 900 litre of illicit liquor was recovered.

Petitioner had earlier moved for application of grant of bail which was rejected on 02.05.2019 in Cr. Misc. No. 28670 of 2019 contained in Annexure-1 with liberty to renew his prayer for bail after six months and he is in custody since 13.03.2019.

Patna High Court CR. MISC. No.72133 of 2019(2) dt.04-12-2019 2/2 Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail, in the event of his arrest or surrender before the court below within a period of four weeks from today, on furnishing bail bond of Rs. 20,000/- with two sureties of the like amount each to the satisfaction of learned court below where the case is pending in connection with Ghorasahan (Jitna) P. S. Case No.78 of 2019, subject to the condition as laid down under Section 438(2) of the Cr.P.C. with following conditions:-

(1) Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.

(2) Petitioner shall co-operate in the trial and shall be present on each and every date fixed by the court and his absence on two consecutive dates without proper and reasonable reason will be sufficient to cancel his bail bond.

(3) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner. (S. Kumar, J) Ranjeet/- U T