Jagarnath Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.27357 of 2022 Arising Out of PS. Case No.-52 Year-2020 Thana- BIDUPUR District- Vaishali ====================================================== JAGARNATH RAI son of Santlal Rai Resident of Village- Karsaha, P.S.- Mohiuddin nagar, district- Samastipur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Alok Kumar Alok For the Opposite Party/s :

Mr.Pronoti Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 01-09-2022 Learned counsel for the petitioner is permitted to remove defect (s), as pointed out by the office, if any, within a period of four weeks on resumption of physical mode. Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has preferred this application for grant of regular bail in a case registered u/s 30(a) of Bihar Prohibition and Excise Act, 2016.

As per the prosecution case, 3670.08 litres of foreign liquor was recovered from a truck bearing Registration No.BR9F-5355. Learned counsel for the petitioner has submitted that the petitioner is innocent and he has falsely been implicated in

Patna High Court CR. MISC. No.27357 of 2022(2) dt.01-09-2022 2/2 this case. The petitioner is the owner of the said truck. The petitioner was not present at the time of occurrence. The learned counsel for the petitioner has further submitted that the driver has misused the truck without his knowledge. Nothing has been recovered from the conscious possession of the petitioner. The petitioner is also accused in one more criminal case which is related to Excise Act and in this case, he is on bail. The petitioner is in custody since 18.12.2021. Learned A.P.P. for the State has opposed the bail petition of the petitioner.

Considering the aforesaid facts and circumstances as well as the period of detention, the petitioner above-named, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of the learned Court below concerned, in connection with Bidupur P.S. Case No. 52 of 2020.

The application stands allowed.

(Chandra Prakash Singh, J) sanjeev/- U T