Patna High CourtCR. MISC./22166/2021bail granted

Arvind Rai v. The State Of Bihar

2021-10-07Mr. Justice Partha Sarthy2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.22166 of 2021 Arising Out of PS. Case No.-235 Year-2020 Thana- SHYAMPUR BHATHA DistrictSheohar ====================================================== ARVIND RAI S/O KANTU RAY RESIDENT OF VILLAGE NAYAGAON, P.S.-SHYAMPUR BHATHAN, DISTRICT-SHEOHAR ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Md. Anisur Rahman, Adv.

For the Opposite Party/s :

Md. Ataur Rahman, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 07-10-2021 Heard learned counsel for the parties.

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.

As per the prosecution case, about 437 litres of liquor was recovered from the premises of Kapal Rai. Along with Kapal Rai, the petitioner was also taken into custody. It is submitted by learned counsel for the petitioner that the petitioner has been falsely implicated in the case. From perusal of the F.I.R. itself, it would transpire that the alleged recovery is made from the premises of Kapal Rai and not from the petitioner herein. The said Kapal Rai has been enlarged on bail vide order dated 24.7.2021 passed in Cr. Misc. no.21619 of

Patna High Court CR. MISC. No.22166 of 2021(2) dt.07-10-2021 2/2 2021. The petitioner is in custody since 29.12.2020 and has no criminal antecedent.

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

Having heard learned counsel for the parties and taking into consideration the facts of the case together with the petitioner not having any criminal antecedent, the Court directs the petitioner to be enlarged on bail in connection with Shyampur Bhataha P.S. Case no.235 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 Sessions Judge I-cum-Special Judge, Sheohar.

(Partha Sarthy, J) Saurabh/- U T