Patna High CourtCR. MISC./37043/2024bail granted

Sarvind Rai v. The State Of Bihar

2024-07-04Mr. Justice Chandra Prakash Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.37043 of 2024 Arising Out of PS. Case No.-917 Year-2023 Thana- FATUA District- Patna ====================================================== Sarvind Rai S/o Harvansh Rai R/o Village Raipura Ward No 24, P.s. - Fatuha, Distt. - Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Parmeshwar Vishwakarma For the Opposite Party/s :

Mr.Nand Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 04-07-2024 Heard learned counsel for the petitioner and learned A.P.P for the State.

2. The petitioner has preferred this application for grant of regular bail in connection with Fatuha P.S. Case No. 917 of 2023 dated 30.12.2023 registered for the offence/s punishable u/s 30(a) of the Bihar Prohibition and Excise Act.

3. As per the prosecution case, total 191.170 litres of illicit foreign liquor was recovered from the toilet situated behind the house of the petitioner.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. The said recovery was made from an open place that is accessible to anyone. The petitioner has no concern with the

Patna High Court CR. MISC. No.37043 of 2024(2) dt.04-07-2024 2/2 alleged recovery. Nothing has been recovered from the conscious possession of the petitioner. The petitioner has clean antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 17.03.2024.

5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, 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 learned Court concerned, Patna City in connection with Fatuha P.S. Case No. 917 of 2023.

7. The application stands allowed.

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