Raju Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.32661 of 2020 Arising Out of PS. Case No.-125 Year-2020 Thana- MINAPUR District- Muzaffarpur ====================================================== RAJU RAI, S/o Late Ram Shrestha Rai Resident of Dubaha, P.S.- Minapur, District- Muzaffarpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Alok Kumar Alok For the Opposite Party/s :

Mr.APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 20-02-2021 Heard Mr. Alok Kumar Alok, learned counsel for the petitioner and Mr. Amitesh Kumar, learned APP for the State.

The petitioner seeks bail in anticipation of his arrest in connection with Minapur P. S. Case No. 125 of 2020 dated 18.04.2020, instituted for the offences under Sections 272 and 273 of the Indian Penal Code and Sections 30 (a) and 41(i) of Bihar Prohibition and Excise Act, 2016.

According to the prosecution case, 578.88 litres of liquor has been recovered from the hut of one Vijay Rai. The petitioner though is the nephew of aforesaid

Patna High Court CR. MISC. No.32661 of 2020(2) dt.20-02-2021 2/3 Vijay Rai, but has been implicated in this case because of wrong information provided to the police that he also participates in the business of liquor along with his uncle. There has been a partition in the family of the father of the petitioner. The petitioner is absolutely separate in mess and business from Vijay Rai from whose hut, recovery has been made.

The petitioner does not have criminal antecedents.

Considering the afore-stated facts, the petitioner, above-named, is directed to be released on bail, in the event of his arrest or surrender before the court below within a period of eight weeks from the date of receipt / production of a copy of this order, on his furnishing bail bonds in the sum of Rs. 10,000 /- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Special Judge, Excise Act, Muzaffarpur, in connection with Minapur P. S. Case No. 125 of 2020, subject to the conditions as laid down

Patna High Court CR. MISC. No.32661 of 2020(2) dt.20-02-2021 3/3 under Section 438 (2) Cr.P.C.

The application stands allowed.

(Ashutosh Kumar, J) skm/- U T