Umashankar Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.82534 of 2019 Arising Out of PS. Case No.-947 Year-2019 Thana- GOVERNMENT OFFICIAL COMP. District- East Champaran ====================================================== UMASHANKAR RAI Son of Yogi Rai Resident of Village- Jhanjhra, P.S.- Jitna, District- East Champaran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Manoj Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 14-01-2020 Heard learned Counsel for the petitioner and the learned APP for the State.

The petitioner, who is in custody, seeks bail in a case registered under Section 30(a) of Bihar Prohibition and Excise Act, 2016 in connection with Excise Case No. 947 of 2019. Having no criminal antecedent petitioner is in custody since 21.10.2019 upon alleged recovery of 109 litres of Nepali liquor.

It is submitted that the instant case is one of false implication. Petitioner has no connection with the alleged recovery. It is also submitted that the recovery is not in accordance with law.

Learned APP has opposed the prayer.

Patna High Court CR. MISC. No.82534 of 2019(2) dt.14-01-2020 2/2 Considering the aforesaid submissions prayer for bail of the petitioner is allowed. Let the petitioner above named be released on bail on his furnishing bail bonds of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Special Judge, Excise Act, East Champaran, Motihari in Excise Case No. 947 f 2019 subject to the 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 in the trial and if he fails to do so on two consecutive dates, his bail will be liable to the cancelled. (Madhuresh Prasad, J) SNkumar/- U T