Satyendra Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.33283 of 2021 Arising Out of PS. Case No.-178 Year-2020 Thana- DERNI BAZAR District- Saran ====================================================== SATYENDRA RAI Son of Sarikhan Ray Resident of Village - Chotka Banya, P.S.- Derni, Distt.- Saran at Chhapra.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Alok Kumar Alok, Adv.

For the Opposite Party/s :

Mr. Ram Anurag Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 20-12-2021 Heard Mr. Alok Kumar Alok, learned counsel for the petitioner and Mr. Ram Anurag Singh, Additional Public Prosecutor for the State.

Petitioner seeks regular bail in connection with Derni PS Case No. 178/2020 registered for the offence punishable under Sections 30/30(a)/33/36 of Bihar Prohibition & Excise Act.

Allegedly, 208 litres of illicit liquor has been recovered from the bush situated in the backside of the house of the petitioner.

Learned counsel for the petitioner submits that the petitioner has got no criminal antecedent and he has falsely been implicated in this case merely because the illicit liquor has been recovered from a bush situated in the backside of the house of the petitioner which is an open space accessible to all and

Patna High Court CR. MISC. No.33283 of 2021(2) dt.20-12-2021 2/2 sundry.

Learned counsel for the petitioner further submits that petitioner is in custody since 19.02.2021 and charge-sheet has been submitted in the matter.

Having regard to the submissions made by the parties and taking into consideration the material on record and the fact that the petitioner is in custody since 19.02.2021 and chargesheet has been submitted in the matter and no liquor has been recovered from the conscious possession of the petitioner nor from the premises belonging to the petitioner rather it was recovered from an open space accessible to all and sundry, I am inclined to grant regular bail to the petitioner. Accordingly, let the petitioner, SATYENDRA RAI be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned 2nd Additional Sessions Judge-cumSpecial Judge, Excise Act, Saran at Chapra in connection with Derni PS Case No. 178/2020.

(Anil Kumar Sinha, J) perwez U T