Patna High CourtCR. MISC./13951/2023bail granted

Rajnandan Rai @ Rajnandan Singh v. The State Of Bihar

2023-05-05Mr. Justice Shailendra Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.13951 of 2023 Arising Out of PS. Case No.-564 Year-2022 Thana- BYPASS District- Patna ====================================================== Rajnandan Rai @ Rajnandan Singh Son of Late Bahadur Singh R/o MohallaMarchi Ward No. 04, P.S.- Bypass, District- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rudra Deo, Adv.

For the Opposite Party/s :

Mr. Umanath Mishra, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 05-05-2023

1. Heard learned counsel for the petitioner and the learned APP for the State.

2. Petitioner seeks regular bail in connection with Bypass P.S. Case No. 564 of 2022 dated 16.12.2022 registered for the offence punishable under Section 30(a) of Bihar Prohibition and Excise Act.

3. The main submissions advanced by learned counsel for the petitioner are that the instant matter relates to the recovery of 220 litres of illicit country made liquor and the same is stated to have been recovered near bypass Badsahi sewer (nala) and the petitioner and co-accused Niraj Kumar are stated to have been arrested at the spot with the alleged liquor but in fact, the petitioner was not arrested at the spot and nothing as alleged was recovered from his conscious possession and he

Patna High Court CR. MISC. No.13951 of 2023(2) dt.05-05-2023 2/2 was arrested merely on the basis of suspicion and has been languishing in jail since 17.12.2022. Further submissions are that against the petitioner, the investigation has been completed and he has fair and clean antecedent.

4. Learned APP appearing for the State has opposed the bail prayer.

5. Considering the above submissions and mainly the petitioner's custody period and his fair and clean antecedent and completion of the investigation against him and also the fact that the alleged recovery of liquor was made before two official persons, in my opinion it is a fit case for bail to the petitioner. Accordingly, let the petitioner named-above be enlarged on bail on furnishing bail bond of Rs.10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of the Court concerned in connection with Bypass P.S. Case No. 564 of 2022.

(Shailendra Singh, J) annu/- U T