Siksar Rai @ Shikeshwar Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.19035 of 2021 Arising Out of PS. Case No.-482 Year-2018 Thana- BIHTA District- Patna ====================================================== SIKSAR RAI @ SHIKESHWAR RAI Son of Ramashish Rai Resident of Village - Pathlautiya, P.S.- Bihta, District - Patna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Praveen Kumar, Adv.

For the Opposite Party/s :

Mr. Balmukund Prasad Sinha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 02-09-2021 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 section 30(a) of the Bihar Prohibition and Excise Act, 2016.

As per allegations in the F.I.R., on a raid being conducted, it is stated that 10-15 accused persons including the petitioner herein managed to escape while one Sudama Paswan was arrested. The names of the persons who managed to escape transpired in the statement of accused Sudama Paswan. 600 litres of liquor was recovered.

It is submitted by learned counsel for the petitioner that neither the petitioner was arrested at the spot nor any incriminating article has been recovered from his possession. He

Patna High Court CR. MISC. No.19035 of 2021(2) dt.02-09-2021 2/2 has been falsely implicated in the case. The only material against him is the statement of a co-accused made before police. He has no criminal antecedent and is in custody since 6.12.2020. 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 and circumstances of the case including the petitioner not having any criminal antecedent, the Court directs the petitioner to be enlarged on bail in connection with Special Case no.4360 of 2018 (arising out of Bihta P.S. Case no.482 of 2018) 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 Special Judge, Excise, Patna.

(Partha Sarthy, J) Saurabh/- U T