Shyam Babu Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.18830 of 2020 Arising Out of PS. Case No.-68 Year-2020 Thana- GARKHA District- Saran ====================================================== Shyam Babu Rai aged about 50 Yrs (Male), Son of Dhan Raj Rai Resident of Village - Kasina, P.S.- Garkha, Distt.- Saran at Chapra. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Vijay Kumar For the Opposite Party/s :

APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 13-05-2020 Heard Mr. Vijay Kumar, learned counsel for the petitioner and learned counsel appearing for the State through video conferencing.

The petitioner seeks regular bail in connection with Garkha P.S. Case No. 68 of 2020 registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

The prosecution story in brief is that on the basis of secret information the Police proceeded towards the house of the petitioner and apprehended him and upon search recovered a total quantity of 50 liters of illicit liquor from the motorcycle kept near the straw house of the petitioner. Learned counsel for the petitioner submits that petitioner has falsely been implicated in this case having no criminal antecedent. Learned counsel further submits that the motorcycle, which was kept near the house of the petitioner does not belong to him, which he has stated in paragraph no. 7 of the bail application. Learned

Patna High Court CR. MISC. No.18830 of 2020(2) dt.13-05-2020 2/2 counsel further submits that the house in question is a joint property of the family members of the petitioner. Learned counsel further submits that petitioner is in custody since 9.2.2020.

Having heard learned counsel for the parties and taking into consideration the fact that motorcycle from where illicit liquor has been recovered does not belong to the petitioner and petitioner is in custody since 9.2.2020, I am inclined to grant regular bail to the petitioner.

Accordingly, let the petitioner, above named, be released on regular bail on furnishing bail bond of Rs. 25,000/- (twenty five thousand) with two sureties of the like amount each to the satisfaction of learned 2nd Addl. Sessions Judge cum Special Excise Saran at Chapra in connection with Garkha P.S. Case No. 68 of 2020.

It is made clear that at the time of furnishing bail bond all the parties shall follow the guidelines regarding lockdown and social distancing.

(Anil Kumar Sinha, J) praful/- U T