The Patna High Court granted preventive bail to Om Prakash Rai in connection with an FIR under the Bihar Excise Act, requiring a bond and sureties.
Order of release on bail with a bond of Rs. 10,000 and two sureties upon arrest or surrender within six weeks.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.63232 of 2019
Arising Out of PS. Case No.-341 Year-2017 Thana- DANAPUR District- Patna
======================================================
Om Prakash Rai @ Alok Kumar, Son of Shri Ram Lakhan Rai, Resident of Village - Sultanpur, P.S.- Danapur, Dist.- Patna.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Anuj Kumar For the Opposite Party/s : Mr.Pushpa Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA
ORAL ORDER
2 21-10-2019
Heard learned counsel for the petitioner and the learned A.P.P. for the State.
The petitioner apprehends his arrest in connection with Danapur P.S. Case No. 341 of 2017, registered under Sections 37(a) and 37(d) and 32(3) of the Bihar Excise Act, 2016.
The accusation is of recovery of one empty bottle of 750 ml of Indian made foreign liquor and two empty containers from the house of Rishikesh Rai.
Learned counsel for the petitioner submits that petitioner has falsely been implicated in this case being the brother of Rishikesh Rai and he was not present at the time of search and seizure. Further submission is that petitioner has no
Patna High Court CR. MISC. No.63232 of 2019(2) dt.21-10-2019 2/2
criminal antecedent.
Having regard to the facts and circumstances of the case, let the above named petitioner be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Learned Special Judge, Excise, Patna, in connection with Danapur P.S. Case No. 341 of 2017, subject to the condition as laid down under Section 438(2) of the Cr.P.C.
(Rajendra Kumar Mishra, J)
Bhardwaj/-
U T
1 issue framed by the court
Whether the petitioner is entitled to be released on preventive bail apprehending arrest under the Bihar Excise Act.
2 provisions across 2 enactments
Om Prakash Rai @ Alok Kumar
RAJENDRA KUMAR MISHRA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
