Prabhu Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.23062 of 2020 Arising Out of PS. Case No.-353 Year-2019 Thana- GOVERNMENT OFFICIAL COMP. District- Patna ====================================================== Prabhu Rai Son of Chandeshwar Rai Resident of Sultanpur Gosaintola, P.S.- Danapur, District- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr Bijay Bhushan Prasad For the Opposite Party/s :

Mr.Narendra Kumar Singh (A.P.P.) ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 09-09-2020 Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State, through video conferencing.

The petitioner seeks regular bail in connection with Special Case No. 4444 of 2019, arising out of Danapur Police Station Case No. 353 of 2019, registered for the offence punishable under 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 secret information that the petitioner, along with one another person, was indulged in the sale of illicit liquor, proceeded towards the place of occurrence and recovered 75 litres of illicit country-made liquor and 12.375

Patna High Court CR. MISC. No.23062 of 2020(2) dt.09-09-2020 2/3 litres of foreign-made illicit liquor near the bank of river at Katchery ghat.

Learned Counsel for the petitioner submits that the petitioner has not committed any offence in the manner alleged and on the basis of secret information, he has been implicated in this case. He further submits that from perusal of the First Information Report and the seizure list, it would be evident that the illicit liquor has been recovered from near the bank of river, which is an open space accessible to all and sundry. He further submits that no illicit liquor has been recovered from the conscious possession of the petitioner and the petitioner has got no criminal antecedent of similar nature.

After having heard learned Counsel for the parties and taking into consideration the fact that the illicit liquor has not been recovered from the conscious possession of the petitioner and the petitioner is in custody since 10.05.2020, I am inclined to grant regular bail to the petitioner.

This application is allowed.

Accordingly, 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 learned Special Judge, Excise, Patna, in

Patna High Court CR. MISC. No.23062 of 2020(2) dt.09-09-2020 3/3 connection with Special Case No. 4444 of 2019, arising out of Danapur Police Station Case No. 353 of 2019.

It is made clear that at the time of furnishing bail bonds, all the parties shall follow the guidelines regarding lockdown and social distancing.

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