Patna High CourtCR. MISC./77627/2019bail granted

Raju Rai v. The State Of Bihar

2019-12-03Mr. Justice Partha Sarthy2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.77627 of 2019 Arising Out of PS. Case No.-152 Year-2019 Thana- KOPA District- Saran ====================================================== RAJU RAI Son of Lalu Rai Resident of Village - Chhotka Telpa, P.S.- Chapra Town, Distt - Saran.

... ... Petitioner/s

Versus

THE STATE OF BIHAR Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Mukesh Kumar Singh For the Opposite Party/s :

Mr.Md. Nazir Ansari ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 03-12-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner who is in custody since 12.10.2019 has filed the instant application for grant of bail in connection with Kopa P.S. Case No. 152 of 2019 (District-Saran) registered for the offence punishable under section 272 and 273 of the Indian Penal Code and section 30(a) of the Bihar Prohibition and Excise Act.

As per the allegation in the FIR, 201 litres of Mahua wine is said to have been recovered from the motorcycle being driven by this petitioner.

It is submitted by learned counsel for the petitioner that no recovery as alleged in the F.I.R. has taken place from the possession or from the motorcycle of the petitioner. The

Patna High Court CR. MISC. No.77627 of 2019(2) dt.03-12-2019 2/2 petitioner has no criminal antecedent, he is in custody since 12.10.2019 and charge sheet has been submitted in the case. The application for bail was opposed by learned APP for the State.

Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case, let the petitioner above named be enlarged 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 learned 2nd Additional Sessions Judge cum Special Judge, Excise, Saran, Chapra in connection with Kopa P.S. Case No. 152 of 2019 (District-Saran).

(Partha Sarthy, J) Bibhash/- U T