Ranjan Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.40092 of 2021 Arising Out of PS. Case No.-188 Year-2020 Thana- NAYAGAON District- Saran ====================================================== RANJAN RAI Son of Gaya Rai Resident of Village- Bariyarchak, P.S.- Nayagoan, Distt- Saran at Chapra.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Chandra Mohan Jha For the Opposite Party/s :

Mr.Renu Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 14-12-2021 Heard the learned counsel for the petitioner and the learned APP for the State.

The petitioner seeks regular bail in connection with Nayagaon P.S. Case No. 188 of 2020, registered for the offence punishable under Sections 30, 38, 41 and 37(b) of the Bihar Prohibition and Excise Act, 2016.

The allegation is regarding recovery of 160 liters of illicit liquor from a tempo and the name of the petitioner has transpired in the present case upon confessional statement having been made by a co-accused person namely Amar Rai. The learned counsel for the petitioner has submitted that the petitioner is innocent, has been falsely implicated in the present case, is having a clean antecedent and he is languishing in custody since 13.3.2021. The learned counsel for the petitioner has further submitted by referring to

Patna High Court CR. MISC. No.40092 of 2021(2) dt.14-12-2021 2/2 paragraph No. 11 of the present petition to submit that the petitioner has been falsely implicated in the present case on account of village politics and he was not even aware about the incident as also he was/is not involved in such type of dealings.

Per contra, the learned APP for the State has vehemently opposed the prayer for bail.

Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the petitioner and taking into account the materials available on record as also considering the period of incarceration of the petitioner herein, I deem it fit and proper to direct for release of the petitioner on regular bail. Accordingly, the above named petitioner is directed to be enlarged on bail on furnishing bail bonds of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned A.D.J. 2nd cum Special Judge, Excise Act, Saran at Chapra in connection with Nayagaon P.S. Case No. 188 of 2020.

(Mohit Kumar Shah, J) Tiwary/- U T