Shambhu Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No. 19559 of 2020 Arising Out of PS. Case No.-83 Year-2020 Thana- GOVERNMENT OFFICIAL COMP. District- Sitamarhi ====================================================== Shambhu Rai Son of Jogi Ray @ Yogi Rai Resident of Village - Masha Narottam, P.S.- Bairegania, District- Sitamarhi ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ranjeet Kumar Mishra, Advocate For the Opposite Party/s :

Mr.Mritunjay Kumar Nirala, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 24-08-2020 Heard learned counsel for the petitioner and learned APP for the State through video conferencing. The petitioner has filed the instant application for grant of regular bail in connection with Case no. C2-83/2020 registered under section 30(a) of the Bihar Prohibition and Excise Act, 2016.

As per allegation in the FIR, the petitioner is alleged to have been checked soon after his crossing from Nepal into India and it is stated that a total of 576 litres of Nepali saufi wine was seized from his bicycle.

It is submitted by learned counsel for the petitioner that the allegation of recovery is false and concocted. He has been falsely implicated in the case. There has been no recovery of any incriminating article. He has no criminal antecedent and

Patna High Court CR. MISC. No.19559 of 2020(3) dt.24-08-2020 2/2 is in custody since 3.2.2020.

The application for bail is opposed by learned APP for the State.

Having heard learned counsel for the parties and taking into consideration the fact that the petitioner is in custody since 3.2.2020 i.e. more than 6 months and the petitioner has no criminal antecedent, the Court is inclined to enlarge the petitioner on bail. The petitioner is directed to be enlarged on bail in connection with C2-83/2020 on furnishing bail bond of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional District Judge II-cum-Special Judge, Excise Act, Sitamarhi.

(Partha Sarthy, J) Prakash/- U