Saroj Kumar Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.33541 of 2021 Arising Out of PS. Case No.-74 Year-2021 Thana- KOILWAR District- Bhojpur ====================================================== SAROJ KUMAR RAI Son of Awadh Bihari Rai Resident of Village - Kajichak, P.S.- Koilwar, District - Bhojpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ravindra Kumar, Adv.

For the Opposite Party/s :

Ms. Asha Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 20-12-2021 Heard Mr. Ravindra Kumar, learned counsel for the petitioner and Ms. Asha Kumari, Additional Public Prosecutor for the State.

Petitioner seeks regular bail in connection with Excise Case No. 448/2021 arising out of Koilwar PS Case No. 74/2021 registered for the offences punishable under Section 414 of the IPC and Section 30(a) of Bihar Prohibition & Excise Act, 2016. The police, allegedly, recovered 70 litres of illicit liquor from the motorcycle of the petitioner. 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. Learned counsel further submits that the motorcycle, from where the illicit liquor has been recovered, does not belong to the petitioner and on the

Patna High Court CR. MISC. No.33541 of 2021(2) dt.20-12-2021 2/2 date of occurrence altogether six motorcycles were seized by the police having illicit liquors in different quantity. Learned counsel for the petitioner further submits that petitioner is in custody since 01.03.2021 having no criminal antecedents and the charge-sheet has already been submitted. Having regard to the submissions made by the parties and taking into consideration the material on record and the fact that the motorcycle, from where the illicit liquor has been recovered, does not belong to the petitioner, petitioner is in custody since 01.03.2021 having no criminal antecedents and the charge-sheet has already been submitted, I am inclined to grant regular bail to the petitioner.

Accordingly, let the petitioner, SAROJ KUMAR 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 4th Additional Sessions Judge-cumSpecial Judge, Excise, Bhojpur at Ara in connection with Excise Case No. 448/2021 arising out of Koilwar PS Case No. 74/2021. (Anil Kumar Sinha, J) perwez U T