Rajesh Rai v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.2946 of 2022 Arising Out of PS. Case No.-431 Year-2020 Thana- RIVILGANJ District- Saran ====================================================== Rajesh Rai, Son of Late Suraj Rai, Resident of Village- Newajee Tola, P.S.- Rivilganj, District- Saran.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ashok Kumar Sinha, Advocate For the Opposite Party/s :
Mr. Anil Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 04-03-2022 Heard Mr. Ashok Kumar Singh, learned counsel for the petitioner and Mr. Anil Kumar, learned APP for the State through virtual proceedings.
Let the defect(s), if any, be removed within a period of four weeks after complete start of the physical Court. The petitioner seeks bail in connection with Revilganj P.S. Case No. 431 of 2020 registered under Sections 30(a)/41(i) of the Bihar Prohibition and Excise Act, 2016. Learned counsel for the petitioner submits that the petitioner is in custody since 20.09.2021, charge-sheet has been submitted and has antecedent of six cases and allegation is of recovery of 50 litres of spirit from the bush behind the house of petitioner.
Learned counsel for the petitioner submits that the petitioner was not arrested at the spot and the alleged recovery
Patna High Court CR. MISC. No.2946 of 2022(2) dt.04-03-2022 2/2 was made from the bush behind the house of the petitioner and petitioner came to be implication in the present case because of his antecedent.
Learned APP opposes the bail application.
Considering the fact that the petitioner is in custody, charge-sheet has been submitted and was not arrested at the spot nor recovery was made from the house of the petitioner, the petitioner, named above, is directed to be released on bail on furnishing bail bonds of Rs.500/- (Rupees five hundred) with two sureties of the like amount each to the satisfaction of Additional Sessions Judge-II-cum-Special Judge, Excise Act, Saran in connection with Revilganj P.S. Case No. 431 of 2020 . (Satyavrat Verma, J) uday/- U T