Patna High CourtCR. MISC./44416/2021bail granted

Umesh Rai v. The State Of Bihar

2021-11-02Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.44416 of 2021 Arising Out of PS. Case No.-607 Year-2020 Thana- HAJIPUR SADAR District- Vaishali ====================================================== Umesh Rai S/o Late Ramashankar Rai @ Cycle Rai Resident of VillageDakbunglow Road @ Dakbanglow Chauraha, P.S.- Hajipur Town, DistrictVaishali. ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr.Vasant Vikas, Advocate For the Opposite Party/s :

Mr.Ashok Kumar Singh, Addl Public Prosecutor ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 02-11-2021 Heard learned counsel for the petitioner and the State. Petitioner seeks regular bail in a case registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act and section 414 of the Indian Penal Code. As per the prosecution case, 650.160 liters of foreign liquor was recovered from a pickup van.

Learned counsel appearing for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. Petitioner's name has figured during course of investigation in confessional statement of co-accused who was arrested on the spot. No incriminating material has been recovered from the conscious possession of the petitioner and he is no way concerned with the alleged recovery. Petitioner is

Patna High Court CR. MISC. No.44416 of 2021(2) dt.02-11-2021 2/2 neither the owner nor the driver of the vehicle in question Petitioner is in custody since 17.4.2021. Investigation is complete.

Learned counsel appearing for the State opposes the prayer for bail.

Considering the rival submissions of the parties, materials available on the record and the period of custody of the petitioner, 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 Additional Sessions Judge II cum Special Judge, Excise Act Vaishali at Hajipur in Hajipur Sadar Police Station Case No. 607 of 2020.

(Prabhat Kumar Singh, J) Shashi U T