Ritesh Kumar @ Kallu Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.16893 of 2021 Arising Out of PS. Case No.-596 Year-2020 Thana- SONEPUR District- Saran ====================================================== RITESH KUMAR @ KALLU RAI S/o Kavi Rai Resident of Village- Rahar Diyara, P.S.- Sonpur, District- Saran.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Kumar Kashyap, Adv.

For the Opposite Party/s :

Mr. Rabindra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 13-08-2021 Heard learned counsel for the parties through video conferencing.

The petitioner has preferred this application for grant of regular bail in a case registered under sections 272 and 273 of the Indian Penal Code and section 30(a) and other sections of the Bihar Prohibition and Excise Act, 2016.

As per allegations in the F.I.R., on secret information having been received and a raid having been conducted on the poultry farm of accused Shivnath Rai, it is stated that the petitioner was identified by the Choukidar as amongst the accused persons who had managed to escape. A total of 295.125 litres of liquor was recovered. It is submitted by learned counsel for the petitioner that the petitioner has been falsely implicated in the case

Patna High Court CR. MISC. No.16893 of 2021(2) dt.13-08-2021 2/2 because of his antecedent. Neither he was arrested at the spot nor any incriminating article has been recovered from his possession. He is in custody since 28.11.2020 and investigation in the case has concluded.

Heard learned A.P.P. for the State.

Having heard learned counsel for the parties and taking into consideration the facts of the case including the petitioner having remained in custody for over 8 months, the Court directs the petitioner to be enlarged on bail in connection with Sonpur P.S. Case no.596 of 2020 on furnishing bail bond of Rs.10,000/ (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional District and Sessions Judge II-cum-Special Judge, Excise, Saran. (Partha Sarthy, J) Saurabh/- U T