Basudeb Rabani @ Basudeo Rawani v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.78183 of 2019 Arising Out of PS. Case No.-422 Year-2019 Thana- GOVERNMENT OFFICIAL COMP. District- Jamui ====================================================== BASUDEB RABANI @ BASUDEO RAWANI Son of Lakhan Rawani Resident of Village - Karharbari, P.S.- Pachamba, Dist.- Giridih, Jharkhand. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Prabhat Ranjan Singh For the Opposite Party/s :

Mr.Tarkeshwar Nath Thakur ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 10-01-2020 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

This application for regular bail arises out of Case No. 422 C2/2019, disclosing the offence under Sections 30(a) of the Bihar Prohibition and Amendment Act.

The petitioner is in custody since 22.10.2019. It appears from the prosecution report that a Tata Safari vehicle was intercepted by the State Excise Officials leading to recovery of 262.8 litres of foreign made liquor from the Dickey of the vehicle. The petitioner was arrested from the vehicle. The coaccused Birjun Ram who was driving the vehicle, was also arrested.

Learned counsel appearing on behalf of the petitioner

Patna High Court CR. MISC. No.78183 of 2019(2) dt.10-01-2020 2/2 has submitted that he has been apprehended only because he was also found in the vehicle. There is nothing to suggest that it was within his personal knowledge that illicit liquor was being carried in the said vehicle. It has been submitted with reference to paragraph-3 of the application that the petitioner has no criminal antecedent.

Considering the above submission and the period of custody as indicated above, this application is allowed. Let the petitioner, above-named, be released on bail on furnishing bail bonds of Rs.10,000/- (ten thousand), with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge 2nd, Jamui, in connection with Case No. 422 C2/2019, subject to the condition that the petitioner shall present himself before the Police/Court, as the case may be, as and when required and in the event of failure on his part to appear before the court on two consecutive occasions, his bail Bonds shall be liable to be cancelled.

(Chakradhari Sharan Singh, J) S.Ali/- U T