Mahesh Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.45000 of 2021 Arising Out of PS. Case No.-567 Year-2019 Thana- MINAPUR District- Muzaffarpur ====================================================== MAHESH RAI Son of Late Ram Udar Rai Resident of Village- Raghopur Mahdeian, P.S.- Meenapur, District- Muzaffarpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Nachiketa Jha, Adv.

For the Opposite Party/s :

Mr. Anand Mohan Prasad Mehta, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 28-01-2022 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 sections 272 and 273 of the Indian Penal Code and sections 30(a), 38(i) and 41(i) of the Bihar Prohibition and Excise Act, 2016.

As per the prosecution case, on a raid being conducted it was found that liquor was being manufactured at the house of one Ram Babu Sahni. The accused persons managed to escape. On enquiry, it transpired that Ram Babu Sahni along with his associates including the petitioner herein were into manufacturing of liquor.

It is submitted by learned counsel for the petitioner that neither the petitioner was arrested at the spot nor any

Patna High Court CR. MISC. No.45000 of 2021(2) dt.28-01-2022 2/2 incriminating article has been recovered from his possession. He has been falsely implicated in the case because of his antecedent. He is in custody since 8.6.2021 and 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 together with the petitioner not having been arrested at the spot, the Court directs the petitioner to be enlarged on bail in connection with Minapur P.S. Case no. 567 of 2019 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 Special Judge Excise, Muzaffarpur. (Partha Sarthy, J) Bibhash U T