Bhulawan @ Shashi Rai @ Shashi Bhushan Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No 74910 of 2019 Arising Out of PS. Case No.-116 Year-2019 Thana- KESARIA District- East Champaran ====================================================== BHULAWAN @ SHASHI RAI @ SHASHI BHUSHAN YADAV S/o Late Swarup Rai R/o village- Diliya Bajar Bijdhari, P.S.- Kesariya, District- East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Umesh Chandra Verma For the Opposite Party/s :

Mr.Rajendra Singh ====================================================== CORAM: HONOURABLE MR JUSTICE MADHURESH PRASAD ORAL ORDER 18-12-2019 Heard learned counsel for the petitioner and the learned APP for the State.

The petitioner seeks bail in Kesariya Police Station (for brevity, PS) Case No 116 of 2019 instituted for the offence under Section(s) 272, 273 of Indian Penal Code and Section 30 (a), 41 of Bihar Prohibition and Excise Act.

Having no criminal antecedent, it is submitted that the petitioner has falsely been implicated in this case. The alleged recovery of 50 liters of country made liquor is from a place with which the petitioner has no concern. The recovery is not in accordance with law and the petitioner is in custody since 25.09.2019.

Considering the aforesaid, let the petitioner, above

Patna High Court CR. MISC. No.74910 of 2019(2) dt.18-12-2019 2/2 named, be released on bail on furnishing bail bond of Rs 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the Additional Sessions Judge IX -cum- Special Judge, Excise, Motihari, East Champaran in connection with Kesariya PS Case No 116 of 2019 subject to the following conditions:- (i) That one of the bailors will be a close relative of the petitioner who will give an affidavit giving genealogy as to how he is related with the petitioner. The bailor will also undertake to inform the Court if there is any change in the address of the petitioner.

(ii) That the petitioner will be well represented on each date and if he fails to do so on two consecutive dates, his bail bond will be liable to be cancelled.

(Madhuresh Prasad, J) M.E.H./- U T