Naru Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.24540 of 2023 Arising Out of PS. Case No.-419 Year-2022 Thana- BHELDI District- Saran ====================================================== Naru Rai Son of Bhola Rai Resident of village-Masumganj, P.S.-Bhagwan Bazar, District-Saran (Chapra) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Ramesh Chandra, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 15-05-2023 1.

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

2.

Petitioner seeks regular bail in connection with Bheldi P.S. Case No. 419 of 2022 dated 15.12.2022 registered for the offence punishable under Section 30(a) of Bihar Prohibition and Excise Act.

3.

The main submissions advanced by learned counsel for petitioner are that the instant matter relates to the recovery of 247.500 litres of coutnry-made liquor and the same is stated to have been recovered from a passenger tempo and as per allegation, three persons were apprehended with the alleged liquor from the said tempo but the petitioner was not apprehended with them and the petitioner's name came into light in the statement of apprehended co-accused persons and

Patna High Court CR. MISC. No.24540 of 2023(2) dt.15-05-2023 2/2 except this there is no any other material against him to connect to the alleged recovery of liquor and the petitioner, has been languishing in jail since 09.02.2023 and against him the investigation has been completed. It is further submitted that petitioner is neither owner nor driver of the alleged tempo. 4.

Learned APP for the State opposes the bail prayer of the petitioner.

5.

Considering the above submissions and mainly the facts that the petitioner was not apprehended at the spot of recovery and his name came into light in the statement of apprehended co-accused persons and the investigation has been completed against him, in my opinion, it is a fit case for bail to the petitioner. Accordingly, let the petitioner named above be enlarged on bail, after framing of charge, if the same has not been framed, on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of concerned Court in connection with Bheldi P.S. Case No. 419 of 2022.

(Shailendra Singh, J) Shahnawaz/- U T