Patna High CourtCR. MISC./39664/2021bail granted

Pramatma Rai @ Parmatma Rai v. The State Of Bihar

2022-02-11Mr. Justice Partha Sarthy2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.39664 of 2021 Arising Out of PS. Case No.-87 Year-2021 Thana- SIMRI District- Buxar ====================================================== PRAMATMA RAI @ PARMATMA RAI Son of Late Kalika Rai Resident of Village - Ekauna, P.S.- Simri, District - Buxar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Shailendra Kumar Choubey, Adv.

For the Opposite Party/s :

Mr. Gauri Shankar Gupta, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 11-02-2022 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 section 120B of the Indian Penal Code and section 30(a) of the Bihar Prohibition and Excise Act, 2016.

As per the prosecution case, 467.5 litres approx of IMFL is said to have been recovered from the verandah of the house of the petitioner.

It is submitted by learned counsel for the petitioner that no incriminating article has been recovered from his possession or his house. In any case, the alleged place of recovery is an open place accessible to all. The petitioner is in custody since 24.3.2021 and has no criminal antecedent.

Patna High Court CR. MISC. No.39664 of 2021(3) dt.11-02-2022 2/2 Chargesheet has been submitted in the case.

Heard learned A.P.P. 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 and having remained in custody for more than 10 months, the Court directs the petitioner to be enlarged on bail in connection with Simri P.S. Case no.87 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 Chief Judicial Magistrate, Buxar.

(Partha Sarthy, J) Saurabh/- U T