Niraj Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.2210 of 2023 Arising Out of PS. Case No.-345 Year-2022 Thana- AMNAUR District- Saran ====================================================== Niraj Rai Son Of Mohan Ray R/O Village- Manorpur, P.S.- Amnour, DistrictSaran ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Arjun Prasad For the Opposite Party/s :

Mr.Sanjay Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 28-03-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner prayed for regular bail in connection with Amnour P.S. Case no. 345 of 2022 instituted for the offence under Sections 30, 30(a) of the Bihar Prohibition and Excise Act.

The prosecution story, in brief, is that after getting the secret information the police party reached near culvert on Manorpur and apprehended the petitioner with a bag containing 17.60 liters country made liquor. Further, at the instance of this petitioner, total 397.6 liters country made liquor was recovered from different places.

Learned counsel appearing on behalf of the

Patna High Court CR. MISC. No.2210 of 2023(2) dt.28-03-2023 2/3 petitioner has submitted that petitioner is innocent and has committed no offence. He has falsely been implicated in this present case. Petitioner has no concern with the alleged recovery of the illicit liquor. It is further submitted that the petitioner is languishing in judicial custody since 27.11.2022. Learned APP appearing for the State has vehemently opposed the prayer of Bail.

The petitioner is directed to deposit a sum of Rs 20,000/- (Twenty Thousand) in the District Legal Services Authority of concerned District.

Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Amnour P.S. Case No. 345 of 2022 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge, 2nd-cum-1st Exclusive Special Judge, Excise, Saran at Chhapra.

The bail bonds of the petitioner shall be accepted by the learned court below on showing the receipt of deposit of Rs. 20,000/- (Rs. Twenty thousand) by the petitioner in the

Patna High Court CR. MISC. No.2210 of 2023(2) dt.28-03-2023 3/3 account of the concerned DLSA.

(Sunil Kumar Panwar, J) Amandeep/- U