Sanjiv Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36334 of 2021 Arising Out of PS. Case No.-20 Year-2020 Thana- LALGANJ District- Vaishali ====================================================== SANJIV RAI S/O JIYA LAL YADAV @ JIYA LAL RAI R/o villageMahammadpur, P.S.- Paru, District- Muzaffarpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ramchandra Singh For the Opposite Party/s :

Mr.A.G.

====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 14-12-2021 Heard the learned counsel for the petitioner and the learned APP for the State.

The petitioner seeks regular bail in connection with Lalganj P.S.Case No. 20/2020, registered for the offence punishable under Section 30(a), 32(2) and 41(1) of the Bihar Prohibition and Excise (Amendment) Act, 2018. The allegation is regarding recovery of 1283.4 liters of illicit liquor from the hay hut of the co-accused person, namely, Umesh Ray.

The learned counsel for the petitioner has submitted that the petitioner is innocent and he has been falsely implicated in the present case.

Patna High Court CR. MISC. No.36334 of 2021(2) dt.14-12-2021 2/3 The learned counsel for the petitioner has further submitted that the petitioner has been remanded in the present case on 12.2.2021 and since then, he is languishing in custody. It is further submitted that no illicit liquor has been recovered either from the conscious possession of the petitioner or from his house.

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 no illicit liquor has been recovered either from the conscious possession of the petitioner or from his house, 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

Patna High Court CR. MISC. No.36334 of 2021(2) dt.14-12-2021 3/3 two sureties of the like amount each to the satisfaction of learned Additional Session Judge-II cum Excise Court Vaishali at Hajipur in connection with Lalganj P.S.Case no. 20/2020.

Mohit Kumar Shah, J) Ajay/- U T