Ram Janam Rai @ Luchi Rai @ Suchi Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.8344 of 2024 Arising Out of PS. Case No.-220 Year-2023 Thana- BHAGWAN BAZAR District- Saran ====================================================== Ram Janam Rai @ Luchi Rai @ Suchi Rai Son of Bhagelu Rai R/o vill - Katra, P.s. - Bhagwan Bazar, Distt. - Saran at Chapra (Bihar) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rakesh Kumar, Advocate For the Opposite Party/s :

Mr. Pronoti Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 13-02-2024 Heard learned counsel appearing on behalf of the parties.

2.

The petitioner seeks bail in connection with Bhagwan Bazar P.S. Case No.220 of 2023 registered for the offence under Section 30(a) of the Bihar Prohibition and Excise Act.

3.

As per FIR, there is recovery of 200 litres of illicit liquor was made from the hut of other co-accused, namely, Baliram Sah.

4.

Learned counsel appearing on behalf of the petitioner has submitted that petitioner has falsely been

Patna High Court CR. MISC. No.8344 of 2024(2) dt.13-02-2024 2/3 implicated in the present case. It is submitted that no illicit liquor was recovered from the conscious physical possession of this petitioner, rather the same was recovered from hut of coaccused, namely, Rambali Sah, who has already been granted bail by a co-ordinate Bench of this Court through Cr. Misc. No.71070 of 2023 on 08.11.2023. It is further submitted that petitioner is in custody since 28.11.2023.

5.

Learned counsel for the petitioner has also requested this Court to hear the matter on priority basis through filing of Supplementary Affidavit, as the marriage of the petitioner's daughter is scheduled for 18th February, 2024. 6.

Learned APP appearing for the State, opposes the prayer for bail of the petitioner. 7.

Considering the facts and circumstances and submission made on behalf of the petitioner, let the petitioner, above named, is directed to be released on bail in connection with Bhagwan Bazar P.S. Case No. 220 of 2023 on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Additional District and Sessions Judge IInd - cum - Ist Exclusive Special Judge, Excise, Saran at Chapra. 8.

However, it is made clear that petitioner shall

Patna High Court CR. MISC. No.8344 of 2024(2) dt.13-02-2024 3/3 present physically on each and every date before the trial court till framing of the charge.

(Ramesh Chand Malviya, J) S.Katyayan/- U T