Patna High CourtCR. MISC./36642/2021bail granted

Subodh Rai @ Subodh Kumar v. The State Of Bihar

2022-01-05Mr. Justice Partha Sarthy2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36642 of 2021 Arising Out of PS. Case No.-458 Year-2020 Thana- GARKHA District- Saran ====================================================== SUBODH RAI @ SUBODH KUMAR Son of Judge Rai @ Jai Rai Resident of Village- Balwan Tola (Chirand), P.S.- Doriganj, District- Saran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Shankar Kumar, Adv.

For the Opposite Party/s :

Md. Sakir Ahmad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 05-01-2022 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 30(a), 36 and 41 of the Bihar Prohibition and Excise Act, 2016. As per the prosecution case, on a search being conducted by the police patrolling party it is stated that 3562.5 litres of liquor was recovered from the vehicles in question and some accused persons were taken into custody. It is submitted by learned counsel for the petitioner that the petitioner has been falsely implicated in the case. Neither was he arrested at the spot nor any incriminating article has been recovered from his possession. His name transpired in the statement of a coaccused made before the police. He is in

Patna High Court CR. MISC. No.36642 of 2021(3) dt.05-01-2022 2/2 custody since 19.1.2021 and has no criminal antecedent. Heard learned A.P.P. for the State.

Having heard learned counsel for the parties and taking into consideration the facts of the case especially the petitioner not having any criminal antecedent, the Court directs the petitioner to be enlarged on bail in connection with Garkha P.S. Case no.458 of 2020 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, Saran (Chapra).

(Partha Sarthy, J) Bibhash/- U