Sheonath Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.11853 of 2023 Arising Out of PS. Case No.-318 Year-2022 Thana- RAGHOPUR District- Vaishali ====================================================== SHEONATH RAI S/O LATE RAMDEO RAI Resident of Village- Madaha P.S.- Rustampur (O.P.), District- Vaishali.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Usha Kumari Singh For the Opposite Party/s :

Mr.Syed Ehteshamuddin ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 11-07-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for bail in a case registered for the offence punishable under sections 272, 273 of Indian Penal Code and Section 30(a) of the Bihar Prohibition and Excise Act.

According to the FIR, prosecution case relates to recovery of 671.340 litres of Indian made foreign liquor from Jhalasi near Ganga river.

Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He has no concern with the alleged recovery of illicit liquor or with the place of occurrence. The name of the petitioner sprang up in this case on the basis of secret information. Neither the petitioner was arrested on spot nor any

Patna High Court CR. MISC. No.11853 of 2023(2) dt.11-07-2023 2/2 incriminating article has been recovered from his conscious possession. There is no independent witness of the alleged seizure. Moreover, similarly situated co-accused namely, Muni Lal Rai has already been granted bail by this Court vide order dt. 25.2.2023 passed in Cr. Misc. No. 73864 of 2022. The petitioner has no criminal antecedent and languishing in judicial custody since 27.1.2023.

Learned APP appearing for the State has opposed the prayer of Bail.

Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Judge Excise Court 2nd-cum-Additional District & Sessions Judge, Vaishali, Hajipur in connection with Raghopur (Rustampur O.P.) P.S. Case No. 318 of 2022. (Sunil Kumar Panwar, J) Amandeep/- U T