Upendra Rai @ O.P. Rai vs The State Of Bihar on 21 October, 2019

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Patna High Court - Orders

Upendra Rai @ O.P. Rai vs The State Of Bihar on 21 October, 2019

Bench: Sudhir Singh

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                             CRIMINAL MISCELLANEOUS No.66754 of 2019
                       Arising Out of PS. Case No.-226 Year-2019 Thana- DESARI District- Vaishali
                 ======================================================
                 UPENDRA RAI @ O.P. RAI, aged about 40 years, Male, Son of Harihar Ray,
                 Resident of Village-Ufraul, P.S.-Desri, District-Vaishali.

                                                                                      ... ... Petitioner
                                                        Versus
                 The State of Bihar

                                                          ... ... Opposite Party
                 ======================================================
                 Appearance :
                 For the Petitioner     :         Mr.Rudal Singh, Advocate.
                 For the Opposite Party :         Mrs.Pushpa Sinha, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH
                                       ORAL ORDER

2   21-10-2019

Learned counsel for the petitioner is permitted to make necessary correction in prayer portion of the petition, in course of the day.

Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner seeks bail in a case for the offence registered under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2018.

The prosecution story, in brief, is that total 70 liters wine is said to have been recovered.

It has been submitted by learned counsel for the petitioner that the petitioner is languishing in custody since 09.08.2019. The petitioner has got no criminal antecedent. The petitioner has falsely been implicated in the present case. It is Patna High Court CR. MISC. No.66754 of 2019(2) dt.21-10-2019 2/2 alleged that total 70 liters wine is recovered. Out of which, 45 liters wine is said to have been recovered from the door of the house and open field of the petitioner. There is no compliance of Section 100 Cr. P.C. On behalf of the State, it is submitted that the petitioner is named in the F.I.R/ Complaint Case.

Considering the aforesaid facts and circumstances, 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 the learned Additional Sessions Judge-II-cum-Excise Court, Vaishali at Hajipur, in connection with Desri P.S. Case No. 226 of 2019.

(Sudhir Singh, J) U.K./-

U      T

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Patna High Court - Orders