Satyendra Rai vs The State Of Bihar
2021 Latest Caselaw 739 Patna

     IN THE HIGH COURT OF JUDICATURE AT PATNA
                CRIMINAL MISCELLANEOUS No.37617 of 2020
     Arising Out of PS. Case No.-415 Year-2020 Thana- PAROO District- Muzaffarpur
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Satyendra Rai, aged about 19 years, Gender-Male, Son Of Ramnaresh Rai Alias Mochchhu Rai Alias Ramnaresh Yadav Resident Of Village Chainpur Chiutahan P.S. Paroo District Muzaffarpur

... ... Petitioner/s Versus The State of Bihar

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

For the Petitioner/s     :       Mr. Indrajeet Bhushan, Advocate

For the State            :       Mr. Upendra Kumar, APP

====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT Date : 08-02-2021

Heard Mr. Indrajeet Bhushan, learned counsel for the

petitioner and Mr. Upendra Kumar, learned Additional Public

Prosecutor (hereinafter referred to as the 'APP') for the State.

2. The petitioner is in custody in connection with Paroo

PS Case No. 415 of 2020 dated 21.07.2020, instituted under

Sections 30/30(a)(c)/36 of the Bihar Prohibition and Excise Act,

2016.

3. The allegation against the petitioner is that from his

house, upon search, 30 litres country-made liquor was

recovered.

4. Learned counsel for the petitioner submitted that the

recovery was not from his conscious possession, he has no Patna High Court CR. MISC. No.37617 of 2020 dt.08-02-2021

criminal antecedent and is in custody since 22.07.2020.

5. Learned APP submitted that recovery of liquor is from

the house of the petitioner.

6. Having considered the facts and circumstances of the

case and submissions of learned counsel for the parties, let the

petitioner be released on bail upon furnishing bail bonds of Rs.

25,000/- (twenty five thousand) with two sureties of the like

amount each to the satisfaction of the learned Special Judge,

Excise, Muzaffarpur in Paroo PS Case No. 415 of 2020, subject

to the conditions (i) that one of the bailors shall be a close

relative of the petitioner, (ii) that the petitioner and the bailors

shall execute bond with regard to good behaviour of the

petitioner, and (iii) that the petitioner shall also give an

undertaking to the Court that he shall not indulge in any

illegal/criminal activity, act in violation of any law/statutory

provisions, tamper with the evidence or influence the witnesses.

Any violation of the terms and conditions of the bonds or the

undertaking shall lead to cancellation of his bail bonds. The

petitioner shall cooperate in the case and be present before the

Court on each and every date. Failure to cooperate or being

absent on two consecutive dates, without sufficient cause, shall

also lead to cancellation of his bail bonds.

Patna High Court CR. MISC. No.37617 of 2020 dt.08-02-2021

7. The application stands disposed off in the

aforementioned terms.

(Ahsanuddin Amanullah, J)

Anjani/-

AFR/NAFR U T