Harishchandra Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.22111 of 2021 Arising Out of PS. Case No.-142 Year-2019 Thana- PUPRI District- Sitamarhi ====================================================== HARISHCHANDRA RAI, Son of Ram Kishun Rai, Resident of Village - Narayanpur, P.S.- Pupri, Distt.- Sitamarhi.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Virendra Kumar, Advocate For the Opposite Party/s :

APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 16-09-2021 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 sections 272, 273 and 34 of the Indian Penal Code and section 30(a) of the Bihar Prohibition and Excise Act, 2016.

As per the prosecution case, on secret information having been received a raid was conducted and about 168 litres of liquor was recovered from the bamboo clump belonging to the petitioner. The accused persons including the petitioner herein were taken into custody.

It is submitted by learned counsel for the petitioner that the allegations as levelled in the FIR are false and concocted. No incriminating article has been recovered from the

Patna High Court CR. MISC. No.22111 of 2021(2) dt.16-09-2021 2/2 petitioner's possession. The petitioner is specially abled and his free movement is restricted. He is in custody since 7.12.2020 and has no criminal antecedent. Chargesheet has been submitted in the case.

Heard learned APP 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 petitioner is directed to be enlarged on bail in connection with Pupri P.S. Case no. 142 of 2019 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 Addl. Sessions Judge II - cum - Special Judge, Excise Act, Sitamarhi. (Partha Sarthy, J) Spd/- U T