Parmod Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.5469 of 2023 Arising Out of PS. Case No.-321 Year-2022 Thana- BARH District- Patna ====================================================== PARMOD RAI, Son of Late Ramjee Rai, R/v- Pachiyari Malahi, and P.S.- Barh, District- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Shailendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 05-05-2023 Learned counsel for the petitioner is permitted to remove defect (s), as pointed out by the office, if any, within a period of four weeks on resumption of physical mode. Heard learned counsel for the petitioner and learned A.P.P for the State.

The petitioner has preferred this application for grant of regular bail in connection with Barh P.S. Case No. 321 of 2022 dated 29.09.2020 registered for the offences punishable u/s 30(a) of the Bihar Prohibition and Excise Act. As per the prosecution case, the allegation against the petitioner is to engaged in manufacturing and selling of illicit liquor, the police conducted a raid near the bank of river at village Malahi. On search, total 520 litres of country made

Patna High Court CR. MISC. No.5469 of 2023(2) dt.05-05-2023 2/3 liquor and other utensils and apparatus used for the purpose of manufacturing of liquor were recovered. On seeing the police party, the petitioner and the other co-accused persons succeeded in fleeing away from the place of occurrence. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. Nothing has been recovered from the conscious possession of the petitioner. One of the co-accused persons has already been granted bail by the Coordinate Bench vide order dated 16.09.2022 passed in Cr. Misc. No. 38885 of 2022. The petitioner is accused in three other criminal cases as stated in para 3 of the bail petition. The petitioner is in custody since 07.12.2022.

Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Barh, Patna in connection with Barh P.S. Case No. 321 of 2022 with the following condition :-

1. The petitioner is directed to

Patna High Court CR. MISC. No.5469 of 2023(2) dt.05-05-2023 3/3 remain physically present before the learned Court below on each and every date, failing which on two consecutive dates without reasonable cause, his bail bonds is liable to be cancelled.

The application stands allowed.

(Chandra Prakash Singh, J) Gautam/- U T