Sheojee Rai @ Shiojee Ray @ Shivji Kumar Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.13406 of 2022 Arising Out of PS. Case No.-163 Year-2021 Thana- BAIKUNTHPUR District- Gopalganj ====================================================== SHEOJEE RAI @ SHIOJEE RAY @ SHIVJI KUMAR YADAV Son of Suraj Rai resident of Village- Sonwaliya, P.S.- Baikunthpur, District- Gopalganj. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Raj Krishan Jha, Advocate For the Opposite Party/s :
Mr. Khurshid Anwar, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 22-03-2022 Heard learned counsel for the petitioner and learned A.P.P. for the State.
Let the defect(s), if any, be removed within a period of four weeks after complete start of the physical Court. The petitioner seeks regular bail in connection with Trial No. 5670 of 2021 arising out of Baikunthpur P.S. Case No. 163 of 2021 instituted for the offences under Sections 30(A) and 41 of the Bihar Prohibition and Excise (Amendment) Act, 2018. Learned counsel for the petitioner submits that the petitioner is in custody since 21.12.2021, is a person with clean antecedent and charge-sheet has been submitted. Allegation is of recovery of 5800 litre of liquor from a truck.
Learned counsel for the petitioner submits that the petitioner was not arrested from the spot and was identified by
Patna High Court CR. MISC. No.13406 of 2022(2) dt.22-03-2022 2/2 the local people, who deliberately implicated the petitioner, knowing that the petitioner has no concern with the liquor trade. Learned A.P.P. for the State vehemently opposes the prayer for regular bail of the petitioner.
Considering the fact that the petitioner is in custody, is a person with clean antecedent, charge-sheet has been submitted and was not arrested from the spot, let the petitioner above named be released on bail on furnishing bail bond of Rs.25,000/- (Rupees Twenty-five Thousand) with two sureties of the like amount each to the satisfaction of learned Additional District & Sessions Judge-II-cum-Special Excise Court No. 1, Gopalganj in connection with Trial No. 5670 of 2021 arising out of Baikunthpur P.S. Case No. 163 of 2021.
(Satyavrat Verma, J) Kundan/- U T