Patna High CourtCR. MISC./32653/2023bail granted

Sunil Rai @ Driver Sunil Rai @ Sunil Ray v. The State Of Bihar

2023-05-23Mr. Justice Sandeep Kumar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.32653 of 2023 Arising Out of PS. Case No.-393 Year-2023 Thana- AGAMKUAN District- Patna ====================================================== SUNIL RAI @ DRIVER SUNIL RAI @ SUNIL RAY Son of Kishor Rai Resident of Bahilwara Pandey Tola, P.S.- Saraiya, District - Muzaffarpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Murli Dhar, Advocate.

For the Opposite Party/s :

Mr. Raj Ballabh Singh, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 23-05-2023 Heard learned counsel for the petitioner and learned Additional Public Prosecutor appearing on behalf of the State.

Let the defect(s), if any, be removed within a period of four weeks from today.

The petitioner seeks regular bail in connection with Agam Kuan P.S. Case No. 393 of 2023 registered for the offence punishable under Section 414 of the Indian Penal Code and Sections 30(a), 32(2)(3), 36 and 41 (i)(ii) of the Bihar Prohibition and Excise (Amendment) Act. Learned counsel for the petitioner submits that the there is recovery of 3465 litres of illicit liquor from the truck in question and also the petitioner is in custody since

Patna High Court CR. MISC. No.32653 of 2023(2) dt.23-05-2023 2/3 19.04.2023. The petitioner has no criminal antecedent. Learned APP has vehemently opposed the prayer for bail.

The petitioner has offered to pay Rs. 50,000/- (Rupees fifty thousand) in the Ramkrishna Mission, Sevashrama, Swami Vivekananda Path, Bela, Muzaffarpur, Bihar -842002 without accepting his guilt.

Considering the nature of allegation levelled against the petitioner and his clean antecedent, this application is allowed.

Let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Court of Excise, Patna City in connection with Agam Kuan P.S. Case No. 393 of 2023. The petitioners shall deposit an amount of Rs. 50,000/- (Rupees fifty thousand) as has been offered by him, in the Ramkrishna Mission, Sevashrama, Swami Vivekananda Path, Bela, Muzaffarpur, Bihar -842002 and will produce the receipt of the same at the time of furnishing the bail bonds in the court below. The bail bonds

Patna High Court CR. MISC. No.32653 of 2023(2) dt.23-05-2023 3/3 of the petitioner shall be accepted only after they produce the receipt of Rs. 50,000/- (Rupees fifty thousand) issued by the Ramkrishna Mission, Sevashrama, Swami Vivekananda Path, Bela, Muzaffarpur, Bihar -842002 and after verification of the genuineness of the said receipt from concerned Ramkrishna Mission Ashram.

(Sandeep Kumar, J) shakir/- U T