Single judge order granting bail to Rajkishore Rai arrested for liquor smuggling. Court allowed bail on Rs. 10,000 with two sureties subject to standard conditions.
Petitioner released on furnishing bail bond of Rs. 10,000 with two sureties of like amount each to Special Judge Excise, Muzaffarpur.
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.1479 of 2020
Arising Out of PS. Case No.-180 Year-2019 Thana- BARURAJ District- Muzaffarpur
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RAJKISHORE RAI S/o Late Binda Rai R/o village- Duberbana, P.S.- Deoria, District- Muzaffarpur ... Petitioner
Versus
The State of Bihar ... Opposite Party
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Appearance : For the Petitioner : Mr.Sanjay Kumar @ S.K., Advocate For the Opposite Party : Mr.Md. Shakir Ahmad. Addl Public Prosecutor
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CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER
Petitioner apprehends arrest in a case registered for the offences punishable under section 414 of the Indian Penal Code and section 30(a) of the Bihar Prohibition and Excise Act, 2016.
There is allegation of recovery of about 3251.70 liters of foreign liquor from several vehicles.
Learned counsel for the petitioner submits that the name of the petitioner has come in the case on the confessional statement of co-accused Abhay Rathore. He is no way concerned with the recovery, as the same has not been recovered from his conscious possession. Petitioner has got no criminal antecedent. The mandatory provision under Section 100 Cr.P.C. has not been followed at the time of seizure. Similarly situated co-accused Brajesh Pandey has already been allowed bail by a bench of this Court vide order dated 7.1.2020, passed in Cr.Mis.No. 84766/2019.
Considering the facts of the case, let the petitioner, above named, in the event of arrest/surrender before the Court
Patna High Court CR. MISC. No.1479 of 2020(2) dt.24-02-2020 2/2
below within a period of six weeks from the date of receipt of the order, be released on bail 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 Act Muzaffarpur in Baruraj Police Station Case No. 180/2019, son the following conditions:-
(1) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and shall remain physically present as directed by the Court and on his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the Court below.
(2) If the petitioner tampers with the evidence or the witnesses, in that case the prosecution will be at liberty to move for cancellation of bail.
(Prabhat Kumar Singh, J)
Shashi
1 issue framed by the court
Whether bail shall be granted to the petitioner charged with offences under section 414 IPC and section 30(a) of Bihar Prohibition and Excise Act, 2016.
3 provisions across 3 enactments
Rajkishore Rai
The State of Bihar
Prabhat Kumar Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
