Shyamdeo Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.10615 of 2019 Arising Out of PS. Case No.-162 Year-2018 Thana- BAIKUNTHPUR District- Gopalganj ====================================================== Shyamdeo Rai Son of late Sheo Bachan Rai Resident of Village - Bahrampur, P.S- Baikunthpur, District - Gopalganj.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bishwajeet Singh For the Opposite Party/s :

Mr.Ashok Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 22-02-2019 Heard the learned counsel for the petitioner and the learned counsel for the State.

The petitioner seeks regular bail in connection with Baikunthpur PS case no. 162 of 2018 registered for the offence punishable under Sections 420/34 of Indian Penal Code, 30(a), 41(i)(ii) of Bihar Excise and Prohibition Act, 2016. The allegation is regarding recovery of huge quantity of illicit liquor after the police had apprehended a truck and upon arrest of the driver, he had disclosed that the accused persons namely Laxman Rai, Harendra Singh, Rajeshwar Rai, Ramayan Rai, Mithilesh Rai and Achechelal Rai @ Rajan were involved in the business of bringing illicit liquor from Haryana and selling it in the State of Bihar.

Patna High Court Cr.Misc. No.10615 of 2019(2) dt.22-02-2019 2/2 The learned counsel for the petitioner has submitted that the petitioner is neither named in the FIR nor he has been named by any person to be in any way involved in the alleged selling of the illicit liquor. It is further submitted that merely because the petitioner has a bad antecedent, he has been falsely implicated in the present case. It is further submitted that the petitioner is an accused in four other cases but he is on bail in the said case. The petitioner is said to be languishing in custody since 30.11.2018.

Having regard to the facts and circumstances of the case, I deem it fit and proper to enlarge the petitioner on regular bail.

Accordingly, the abovenamed petitioner is directed to be enlarged on regular bail on furnishing bail bond of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned 2nd Addl. Sessions Judge-cum-Special Judge, Excise, Gopalganj in connection with Baikunthpur PS case no. 162 of 2018.

(Mohit Kumar Shah, J) rinkee/- U T