Patna High CourtCR. MISC./16353/2020bail granted

Ratnesh Rai v. The State Of Bihar

2020-06-29Mr. Justice Vikash Jain2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.16353 of 2020 Arising Out of PS. Case No.-700 Year-2019 Thana- MAHUA District- Vaishali ====================================================== RATNESH RAI, aged about 24 years, Male, S/o Ram Ishwar Rai @ Rameshwar Rai Resident of Village- Mahua Singh Rai, P.S.- Mahua, DisttVaishali. ... ... Petitioner/s

Versus

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

For the Petitioner :

Ms. Pratima Kumari, Adv For the Opposite Party :

Mr.Shaheen Begum, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 29-06-2020 Heard learned counsel for the petitioner and learned APP for the State through video conference. Learned counsel for the petitioner undertakes that all defects pointed out by the Stamp Reporter shall be removed, and compliance with the conditions of the notices of this Court with regard to acceptance of e-filing shall be made, without delay immediately after the lockdown ends, and in any event within one month thereof.

2. The petitioner is in custody since 07.02.2020 in connection with Mahua P.S. Case No. 700 of 2019 for the alleged offences under Sections 30(a), 32(ii), 34(ii) 38(ii) and 41(i) of the Bihar Prohibition and Excise Act, 2018.

3. It is submitted that the petitioner has been falsely implicated in connection with recovery of 1078.560 litres of IMFL from the basement of co-accused Rameshwar Rai. It is submitted that the petitioner's name has transpired on the basis of the extra judicial confessional statement of said co-accused Rameshwar Rai, except which there is no objective material to connect the petitioner with the alleged occurrence. It is

Patna High Court CR. MISC. No.16353 of 2020(3) dt.29-06-2020 2/2 submitted that the said Rameshwar Rai has been granted bail by this Court in Cr. Misc. No. 8295 of 2020. The petitioner claims clean antecedents.

4. Learned APP appears and has been heard.

5. Be that as it may and having regard to the period of custody already suffered since 07.02.2020, let the petitioner above named be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of learned Additional Sessions Judge-II-cumSpecial Judge, Excise Act, Vaishali at Hajipur in connection with Mahua P.S. Case No. 700 of 2019, if he is not otherwise required in any other case.

6. Office shall ensure that all defects have been removed and compliance with the notices of this Court has been made, within the stipulated time as provided in para 1 hereinabove.

(Vikash Jain, J) Chandran/- U T