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Patna High CourtCR. MISC./78689/2019bail granted

Indrajit Rai v. The State Of Bihar

2019-12-04Mr. Justice Shivaji Pandey2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.78689 of 2019 Arising Out of PS. Case No.-637 Year-2019 Thana- GOVERNMENT OFFICIAL COMP. District- Sitamarhi ====================================================== Indrajit Rai Son of Late Gunu Rai, Resident of Village- Bathuara, Ward No.4, P.S.- Bela, District- Sitamarhi ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ranjeet Kumar Mishra For the Opposite Party/s :

Asha Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 04-12-2019 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

In this case, the petitioner is seeking bail in connection with Case No.C2/637/19 registered for offence punishable under section 30 (A) of the Bihar Prohibition and Excise Act.

As per allegation, the petitioner and his associates were bringing 432 litres of Nepali Saufi wine from Nepal. They were intercepted, but they fled away, but the petitioner was taken into custody since 05.10.2019.

The learned counsel for the petitioner submits that the aforesaid liquor was not only carried by the petitioner, but it was carried by five persons in a separate quantity. The petitioner

Patna High Court CR. MISC. No.78689 of 2019(2) dt.04-12-2019 2/2 has no criminal history.

Looking to the facts and circumstances of the case, the prayer for bail of the petitioner is allowed and he is directed to be enlarged on bail on furnishing bail bonds of Rs.10,000/- with two sureties of the like amount each to the satisfaction of 2nd A.D.J.-cum-Special Judge Excise Act, Sitamarhi in connection with Case No.C2/637/19, subject to the condition that one of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned Court. The petitioner will not induce any witness or tamper with the evidence. The petitioner shall cooperate in the disposal of trial and make himself available as and when required by the court. If the petitioner is found involved in similar type of offence, the relief granted to the petitioner in the present case will be treated to have been withdrawn. (Shivaji Pandey, J) Mahesh/- U T