Devanand Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.26537 of 2020 Arising Out of PS. Case No.-1033 Year-2018 Thana- MOTIPUR District- Muzaffarpur ====================================================== DEVANAND RAI S/o- Bhuneshwar Rai Resident of Village- Harpur Junaida, P.S.- Motipur, District- Muzaffarpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ratneshwar Prasad For the Opposite Party/s :

Mr. Khursid Alam ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 11-11-2020 Heard learned Counsel for the petitioner and learned Additional Public Prosecutor representing the State, through Video Conferencing.

The petitioner seeks regular bail in connection with Motipur Police Station Case No. 1033 of 2018, registered for the offences punishable under Sections 272/273 of the Indian Penal Code and Section 30 (a) of the Bihar Prohibition and Excise Act, 2016.

The allegation, as per the First Information Report, is that the police, on the basis of information that one Shashi Raut had stored illicit liquor in his hut with the help of the petitioner and other co-accused persons, proceeded towards the place of occurrence and recovered a total quantity of 151 litres of illicit liquor from the hut of Shashi Raut.

Patna High Court CR. MISC. No.26537 of 2020(3) dt.11-11-2020 2/3 Learned Counsel for the petitioner submits that the petitioner has not committed any offence in the manner alleged and he has falsely been implicated in this case on the basis of secret information allegedly received by the police. He further submits that the illicit liquor has been recovered from the hut of co-accused Shashi Raut and no illicit liquor has been recovered either from the conscious possession of the petitioner or the premises belonging to him. He further submits that similarly situated co-accused person, namely, Raj Kumar Rai, has been granted bail by this Court, vide order passed in Criminal Misc. No. 26530 of 2019. He next submits that the petitioner is in custody since 30.05.2020.

After having heard learned Counsel for the parties and taking into consideration the materials on record and the fact that the no illicit liquor has been recovered from the conscious possession of the petitioner or from the premises belonging to him and similarly situated co-accused person has been granted bail by this Court, I am inclined to grant bail to the petitioner. This application is, accordingly, allowed.

Let the petitioner, above named, be released on bail, upon furnishing bail bond of Rs. 20,000/- (twenty thousand) with two sureties of the like amount each to the satisfaction of

Patna High Court CR. MISC. No.26537 of 2020(3) dt.11-11-2020 3/3 learned Special Judge, Excise, Muzaffarpur, in connection with Motipur Police Station Case No. 1033 of 2018. It is further made clear that at the time of furnishing bail bonds, all the parties shall follow the guidelines regarding social distancing.

(Anil Kumar Sinha, J.) Prabhakar Anand/- U √ T √