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Patna High CourtCR. MISC./36582/2021bail granted

Sanjan Rai @ Sajjan Rai @ Sanjan Kumar v. The State Of Bihar

2021-12-24Mr. Justice Partha Sarthy2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36582 of 2021 Arising Out of PS. Case No.-101 Year-2021 Thana- GAIGHAT District- Muzaffarpur ====================================================== SANJAN RAI @ SAJJAN RAI @ SANJAN KUMAR S/O SRI GANGA PRASAD YADAV @ GANGA RAI R/O VILLAGE-RAMAULI, P.SGAYGHAT, DISTRICT-MUZAFFAPUR ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Setu Prateek, Advocate For the Opposite Party/s :

Dr. Ajeet Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 24-12-2021 Heard learned counsel for the parties through video conferencing.

The petitioner has preferred this application for grant of regular bail in a case registered under sections 272, 273, 414 and 34 of the Indian Penal Code and sections 30(a), 36 and 41(1) of the Bihar Prohibition and Excise Act, 2016. As per the prosecution case, on a raid being conducted on the house of one Ramanand Rai it is stated that while 12-15 accused persons managed to escape, a total of 222.375 litres of IMFL besides other articles were recovered. The petitioner was identified by the chowkidar as one of the accused persons who had managed to escape.

It is submitted by learned counsel for the petitioner

Patna High Court CR. MISC. No.36582 of 2021(2) dt.24-12-2021 2/2 that the petitioner has been falsely implicated in the case. Neither he was arrested at the spot nor any incriminating article has been recovered from his possession. He is in custody since 14.3.2021 and has no criminal antecedent. Charge sheet has been submitted in the case.

Heard learned APP for the State.

Having heard learned counsel for the parties and taking into consideration the facts of the case specially the petitioner not having any criminal antecedent, the Court directs the petitioner to be enlarged on bail in connection with Gayghat P.S. Case no. 101 of 2021 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Special Judge, Excise, Muzaffarpur.

(Partha Sarthy, J) Prakash/- U