Patna High CourtCR. MISC./29097/2022bail granted

Munil Rai v. The State Of Bihar

2022-08-06Mr. Justice Khatim Reza2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.29097 of 2022 Arising Out of PS. Case No.-54 Year-2021 Thana- MOTIPUR District- Muzaffarpur ====================================================== Munil Rai S/o Siyaram Ray R/o village- Sandha Damber Motipur Nagar Panchayat Motipur, Ward No. 12, Bakhri, P.S.- Motipur, District- Muzaffarpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sanjay Kumar, Advocate For the Opposite Party/s :

Mr. Pronoti Singh, A.P.P ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 06-08-2022 This matter has been heard via video conferencing. Heard learned counsel for the petitioner and learned A.P.P for the State.

The petitioner seeks bail in connection with a case registered for the offences punishable under Sections 30(a), 41 (i) (ii) of the Bihar Prohibition and Excise Act. Allegation is of recovery of 51.840 liters of illicit foreign liquor from a Wagonar car bearing Registration No. DL2CZ-5566.

Learned counsel for the petitioner submits that the petitioner is innocent and he has no concern with the seized liquor. It is submitted that the petitioner was not caught at the spot, he has been made accused on the basis of confessional statement of Rupa Tiwari, who has already been granted bail by

Patna High Court CR. MISC. No.29097 of 2022(2) dt.06-08-2022 2/2 a Co-ordinate Bench of this Court, vide order dated 03.01.2022 in Cr. Misc. Case No. 34222 of 2021. It is further submitted that mandatory provision of Sub-section 2 of Section 74 and Section 82 of the Bihar Prohibition and Excise Act with respect to search and seizure have not been followed. Further, it is submitted that the petitioner is in custody since 17.12.2021 and is a person with clean antecedent.

Learned A.P.P for the State opposes the prayer for bail.

Considering the facts and circumstances of this case, the above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) only with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending in connection with Motipur P.S. Case No. 54 of 2021.

(Khatim Reza, J) shanu/- U T