Birendra Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.77460 of 2019 Arising Out of PS. Case No.-232 Year-2019 Thana- DARAUNDA District- Siwan ====================================================== Birendra Rai Son of Late Janakdeo Rai R/o Village- Mahachaur, P.S. - Daraunda, District - Siwan.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Bijay Prakash Singh, Advocate For the Opposite Party/s :

Mr. Bharat Lal, A.P.P.

====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 28-11-2019 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner is apprehending his arrest in connection with Daraunda P.S. Case No. 232 of 2019 for the offence registered under Sections 30(a), 38 of the Bihar Prohibition & Excise Act, 2016.

Learned counsel for the petitioner submits that the alleged recovery is not from the conscious possession of the petitioner but from the bags which does not belongs to the petitioner. It is further submitted that the petitioner is having a clean antecedent.

Considering the aforementioned facts and circumstances and that the petitioner has a clean antecedent, let the petitioner, above named, in the event of his arrest or

Patna High Court CR. MISC. No.77460 of 2019(2) dt.28-11-2019 2/2 surrender before the court below within four weeks, be released on bail on furnishing bail bond of Rs.10,000/- (Ten Thousand) each with two sureties of the like amount to the satisfaction of learned Additional Sessions Judge cum Special Judge, Excise, Siwan, in connection with Daraunda P.S. Case No. 232 of 2019, subject to the condition laid down under Section 438(2) of the Code of Criminal Procedure.

(Anjana Mishra, J) uma/- U T