Gajendra Rai @ Chunnu Rai v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.21651 of 2021 Arising Out of PS. Case No.-14 Year-2021 Thana- SONEPUR District- Saran ====================================================== GAJENDRA RAI @ CHUNNU RAI S/o Rampravesh Rai @ Rampravesh Ray Resident of Village- Baburbani, P.S. and P.O.- Sonepur, District- Saran. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Saket Anand, Adv.
For the Opposite Party/s :
Mr. Sanjay Kumar Tiwari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 17-06-2021 Heard Mr. Saket Anand, learned counsel for the petitioner and Mr. Sanjay Kumar Tiwari, Additional Public Prosecutor for the State through video conferencing. Petitioner seeks regular bail in connection with Sonepur PS Case No. 14/2021 registered for the offence punishable under Sections 467, 468, 471, 420, 353, 307, 272, 273 r/w 120(B) of the IPC and Sections 30(a), 34, 36, 38, 40 of Bihar Prohibition & Excise Act 2016.
The allegation, as per First Information Report, is that the police raided the house of the petitioner and recovered 70 litres of illicit liquor from the same.
Learned counsel for the petitioner submits that the petitioner has falsely been implicated in this case by the police along with other accused persons. Learned counsel further
Patna High Court CR. MISC. No.21651 of 2021(2) dt.17-06-2021 2/3 submits that petitioner has got no criminal antecedents and no illicit liquor has been recovered from his conscious possession and at the time of raid the procedure prescribed for search and seizure in Excise Act under Section 100 CrPC was not followed by the police.
Learned counsel for the petitioner further submits that petitioner is in custody since 09.01.2021 having no criminal antecedents. Learned counsel next submits that charge sheet has already been submitted in this case and there is no likelihood that petitioner will abscond or tamper with the evidences if he is released on bail.
Having regard to the submissions made by the parties and taking into consideration the material on record and the fact that petitioner is in custody since 09.01.2021 having no criminal antecedents and charge sheet has already been submitted in this case and there is no likelihood that petitioner will abscond or tamper with the evidences if he is released on bail, I am inclined to grant regular bail to the petitioner.
Accordingly, let the petitioner, GAJENDRA RAI @ CHUNNU RAI be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned 2nd Additional
Patna High Court CR. MISC. No.21651 of 2021(2) dt.17-06-2021 3/3 Sessions Judge-cum-Special Judge (Excise), Saran/court concerned in connection with Sonepur PS Case No. 14/2021. It is made clear that at the time of furnishing bail bonds, all the parties shall follow the guidelines of social/physical distancing and sporting masks. (Anil Kumar Sinha, J) perwez U T