Arjun Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.33698 of 2021 Arising Out of PS. Case No.-7 Year-2020 Thana- HAJIPUR SADAR District- Vaishali ====================================================== ARJUN RAI S/O Late Ram Uddar Rai @ Ramudgar Rai R/O Village - Akilabad, P.S. - Hajipur Sadar, District - Vaishali. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Rina Sinha For the Opposite Party/s :

Mr.A.G ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 13-12-2021 Heard the learned counsel for the petitioner and the learned APP for the State. The petitioner seeks regular bail in connection with Hajipur Sadar P.S. Case No. 7/2020, registered for the offence punishable under Sections 30(a) of the Bihar Prohibition Amendment Act 2018.

The allegation is regarding recovery of 60 liters of illicit liquor from near the river bank. The learned counsel for the petitioner has submitted that the petitioner is innocent, he has

Patna High Court CR. MISC. No.33698 of 2021(2) dt.13-12-2021 2/3 been falsely implicated in the present case and he is languishing in custody since 3.1.2021. The learned counsel for the petitioner has further submitted that the place from where the illicit liquor has been recovered is an open space and does not belong to the petitioner.

Per contra, the learned APP for the State has vehemently opposed the prayer for bail.

Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the petitioner and taking into account the materials available on record as also considering the fact that the illicit liquor has not been recovered from the house of the petitioner, I deem it fit and proper to direct for release of the petitioner on regular bail.

Accordingly, the above named petitioner is directed to be enlarged on bail on furnishing bail bonds of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Session Judge-II-

Patna High Court CR. MISC. No.33698 of 2021(2) dt.13-12-2021 3/3 cum Excise Court, Vaishali at Hajipur in connection with Hajipur Sadar P.S.Case No. 7/2020.

(Mohit Kumar Shah, J) Ajay/- U T