Patna High CourtCR. MISC./9815/2022bail granted

Sunil Ray v. The State Of Bihar

2022-05-25Mr. Justice Anil Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.9815 of 2022 Arising Out of PS. Case No.-690 Year-2021 Thana- SONEPUR District- Saran ====================================================== SUNIL RAY Son of Bantesh Ray Resident of Village- Chtarsenpur, P.S.- Sonpur, District- Saran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shyameshwar Kumar Singh For the Opposite Party/s :

Mr.Surendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 25-05-2022 Heard the parties.

Petitioner seeks regular bail in connection with Sonepur PS Case No. 690/2021 registered for the offence punishable under Sections 30(a) 37 (b) (c) (i) (ii) 41 (i) of Bihar Prohibition & Excise Act.

The police got a secret information that one Shambhu Rai and his family members are indulged in manufacturing and selling of illicit liquor proceeded towards the place of occurrence and recovered 219.700 litres of illicit liquor from the house of Shambhu Rai and upon seeing the police party 15 to 20 persons started fleeing away, however, some of them were arrested including the petitioner in drunken condition. Learned counsel for the petitioner submits that the petitioner was found in drunken condition only and there is no

Patna High Court CR. MISC. No.9815 of 2022(3) dt.25-05-2022 2/2 recovery from the conscious possession of the petitioner nor the premises from where recovery of illicit liquor has been made, belongs to him. Petitioner having no criminal antecedent is in custody since 22.11.2021.

Regards being had to the submissions made by the parties and taking into consideration the material on record and the fact that no illicit liquor has been recovered from his conscious possession, he was found in drunken condition only and the petitioner having no criminal antecedent is in custody since 22.11.2021, I am inclined to grant regular bail to the petitioner.

Accordingly, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 20,000/- (Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned 2nd Exclusive Special Excise Court, Saran at Chapra in connection with Sonepur PS Case No. 690/2021. (Anil Kumar Sinha, J) perwez U T