Rahul Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.25556 of 2020 Arising Out of PS. Case No.-330 Year-2019 Thana- MANER District- Patna ====================================================== RAHUL RAI S/o Virendra Rai R/o Village- Maulinpur, P.S.- Maner, DisttPatna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Shashi Bhushan Kumar, Adv.

For the Opposite Party/s :

Mr. Kumar Virendra Narayan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 05-10-2020 The present petition has been taken up for consideration through the mode of Video conferencing in view of the prevailing situation on account of COVID 19 Pandemic, requiring social distancing.

Heard the learned counsel for the petitioner and sri Kumar Virendra Narayan, the learned APP for the State.

The petitioner seeks regular bail in connection with Maner P.S. Case No. 330 of 2019, registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act.

The case of the prosecution is that upon

Patna High Court CR. MISC. No.25556 of 2020(2) dt.05-10-2020 2/3 having conducted a raid in the house of the coaccused person, namely, Virendra Rai, 135 liters of illicit liquor was recovered and upon interrogation, he had disclosed the name of the petitioner to be one of his accomplice.

The learned counsel for the petitioner has submitted that the petitioner is innocent, he has been falsely implicated in the present case and he is having a clean antecedent. It is further submitted that the petitioner is languishing in custody since 3.5.2020.

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

Having regard to the facts and circumstances of the case, considering the submissions made by the leaned counsel for the petitioner and taking into account the fact that the illicit liquor has not been recovered either from the house of the petitioner or from his conscious possession and moreover, the petitioner is having a clean antecedent as also he is languishing in custody since 3.5.2020, I deem it fit and proper to direct for

Patna High Court CR. MISC. No.25556 of 2020(2) dt.05-10-2020 3/3 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 Special Judge (Excise) Patna in connection with Patna, Maner P.S. Case No. 330 of 2019.

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