Too Babu @ Sunil Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.18937 of 2020 Arising Out of PS. Case No.-997 Year-2018 Thana- Bihta District- Patna ========================================================= Too Babu @ Sunil Rai (Male), aged about 50 years, male son of Raghunandan Bhagat, resident of village Daulatpur, P.S.: Bihta, District-Patna ................

Petitioner

Versus

The State of Bihar ................. Opposite party ========================================================= Appearance For the Petitioner : Mr. Aryan Singh, Advocate For the State : Mr.Jai Narain Thakur, APP ========================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 15/05/20 Heard learned counsel for the petitioner and learned A.P.P for the State, through video conferencing.

The petitioner who is in custody since 28.1.2020 has filed the instant application for grant of bail in connection with Bihta P.S. Case no. 997 of 2018 registered under section 30(a) of the Bihar Prohibition and Excise Act, 2016.

As per allegation in the F.I.R., on the police personnel reaching the place of occurrence, they found illegal liquor being manufactured. One of the accused persons managed to escape. It is further stated that 75 litres of illegal liquor was recovered along with machine used for manufacture of the same. It is submitted by learned counsel for the petitioner that the F.I.R. was registered against unknown and the name of the petitioner transpired in course of investigation. It is further submitted that from perusal of the order of the learned Court below

rejecting the application for bail of the petitioner it would transpire that no incriminating article has been recovered from the conscious possession of the petitioner. The total liquor seized is stated to be 75 litres. The petitioner is in custody since 28.1.2020 and the investigation in the case has concluded.

The application for bail is opposed by learned A.P.P. for the State who submits that the petitioner has two other cases under the Bihar Prohibition and Excise Act pending against him. Having heard learned counsel for the parties and taking into consideration the fact that the petitioner was not arrested at the spot, he has remained in custody since 28.1.2020 and investigation in the case has already concluded, this Court is inclined to enlarge the petitioner on bail. The petitioner is directed to be enlarged on bail in connection with Special Case no. 8413 of 2018 (arising out of Bihta P.S. Case no. 997 of 2018) on furnishing bail bond of Rs.10,000/- with two sureties of the like amount each to the satisfaction of the learned Special Judge, Excise Act, Patna. (Partha Sarthy, J) Bibhash U T