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Patna High CourtCR. MISC./20334/2023bail granted

Sheonath Rai v. The State Of Bihar

2023-05-10Mr. Justice Shailendra Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.20334 of 2023 Arising Out of PS. Case No.-192 Year-2020 Thana- RAGHOPUR District- Vaishali ====================================================== SHEONATH RAI, aged about 74 years (M), Son of Late Ramdeo Rai R/vMadaha 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, Advocate For the Opposite Party/s :

Mr.Syed Ehteshamuddin, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 10-05-2023

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

2. Petitioner seeks regular bail in connection with Raghopur (Rustampur O.P.) P.S. Case No. 192 of 2020 dated 23.12.2020 registered for the offence(s) punishable under Section(s) 30(a) of the Bihar Prohibition and Excise Act.

3. The main submissions advanced by the learned counsel for the petitioner are that the instant matter relates to the recovery of 1444.410 litres of illicit country made liquor and the same is stated to have been recovered from a hut situated on the bank of a river but petitioner has no concern with the said hut and the alleged wine has not been recovered from his conscious possession and in the present matter he was remanded on 21.01.2023 and he is a very old person and against

Patna High Court CR. MISC. No.20334 of 2023(2) dt.10-05-2023 2/2 him, the investigation has been completed.

4. Learned APP appearing for the State opposes the bail prayer.

5. Considering the above submissions and mainly petitioner's old age and completion of investigation against him and as per above submission, the petitioner had no connection with the place of recovery which is stated to be situated on the bank of a river, in the opinion of this Court a lenient approach can be taken in respect of the petitioner's prayer, let the petitioner be released on bail in connection with Raghopur (Rustampur O.P.) P.S. Case No. 192 of 2020 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. (Shailendra Singh, J) Sanjay/- U T