IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.7993 of 2022

Arising Out of PS. Case No.-149 Year-2021 Thana- PARIHAR District- Sitamarhi

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Jainarayan Rai S/o Rajkaran Rai R/o Village- Parwaha, P.S.- Parihar, District-

Sitamarhi, Bihar.

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

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Appearance :

For the Petitioner/s

:

Mr. Sumit Shekhar Pandey, Advocate

For the Opposite Party/s :

Mr. Ajay Kumar Jha, APP

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CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA

ORAL ORDER

2

06-07-2022

Heard learned counsel for the petitioner and learned

APP for the State.

Let the defect (s), as pointed out by the office, be

removed within a period of four weeks from the date of

resumption of physical filing and physical removal of defect.

In the present case, the petitioner seeks bail in

connection with Parihar P.S. Case No. 149 of 2021 registered

for the alleged offences under Section 30(a) of the Bihar

Prohibition and Excise Amendment Act, 2018.

The prosecution case is that from the house of the

petitioner about 54 litres of illicit liquor was recovered but the

petitioner fled away from the spot.

Learned counsel for the petitioner submits that the

petitioner is innocent and he has been falsely implicated in this

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case. He has not apprehended from the spot and nothing

incriminating has been recovered from his concious possession.

The petitioner is in custody since 07.11.2021

Learned APP for the State opposes the prayer for bail

of the petitioner.

Having regard to the submissions made hereinabove

and considering the quantity of liquor recovered from the house

of the petitioner and the fact that he was not apprehended from

the spot and further considering the period of custody, the

petitioner above named is directed to be released on bail on

furnishing bail bond of Rs. 20,000/- (twenty thousand) with two

sureties of the like amount each to the satisfaction of learned

Exclusive Special Excise Court No. 1, Sitamarhi, Bihar in

connection with Parihar P.S. Case No. 149 of 2021, subject to

the following conditions :

(i) The bail bond of the petitioner will be accepted

only after framing of charge, if not already

framed.

(ii) One of the bailors will be a close relative of

the petitioner.

(iii) The petitioner will remain present on each

and every date fixed by the court below.

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(iv) In case of absence for three consecutive

dates or in violation of the terms of the bail, the

bail bond of the petitioner will be liable to be

cancelled by the court concerned.

Gautam/-

(Arun Kumar Jha, J)

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