Gopal Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.85008 of 2019 Arising Out of PS. Case No.-213 Year-2019 Thana- GOVERNMENT OFFICIAL COMP. District- Patna ====================================================== GOPAL RAI S/o- Dineshwar Rai R/V- Alampur, Kachi- Dargah, P.S.- Didarganj, Distt- Patna.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Vijay Kumar Sinha For the Opposite Party/s :

Mr.Dilip Kumar No. 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 07-01-2020 Heard learned counsel for the parties.

Petitioner seeks bail in a case registered for the offence punishable under Section 30(a), 32(1)(3), 41(1) and 41(2) of the Bihar Prohibition and Excise Act, 2016.

Informant in his written report has alleged that on receiving secret information that illicit liquor is being unloaded from the pickup van raided Bichala Tola and seized 605.160 litre of illicit liquor and the driver of the Van was apprehended. However, 10-12 persons who had assembled there managed to flee away. The driver disclosed the name of petitioner that illicit liquor is to be delivered to him.

It has been submitted on behalf of the petitioner that nothing has been recovered from the possession of the petitioner

Patna High Court CR. MISC. No.85008 of 2019(2) dt.07-01-2020 2/2 and except the statement of Driver there is no incriminating material against the petitioner. Petitioner has got no criminal antecedent and is in custody since 13.10.2019. Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 20,000/- with two sureties of the like amount each to the satisfaction of learned court below where the case is pending in connection with Special Case No. 9081 of 2019 arising out of Didarganj PSPR No. 213 of 2019, with following conditions:- (1)Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.

(2) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court.

(3) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner. (4). If the petitioner is found involved in similar nature of offence, after his release on bail, the trial court shall take steps to cancel his bail bond.

(S. Kumar, J) ranjan/- U