Saroj Kumar Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.35200 of 2020 Arising Out of PS. Case No.-237 Year-2020 Thana- BIBHUTIPUR District- Samastipur ====================================================== Saroj Kumar Rai, Son of Akhilesh Rai Resident of Village-Kalyanpur Milki, P.S.-Bibhutipur, District-Samastipur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Vijay Anand For the Opposite Party/s :

Mr.APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 23-03-2021 Heard Mr. N. K. Agrawal, learned senior Advocate for the petitioner and Mr. Ram Priya Sharan Singh, learned APP for the State.

The petitioner seeks bail in anticipation of his arrest in connection with Vibhutipur P. S. Case No. 237 of 2020, dated 18.08.2020, instituted for the offences under Sections 272 and 273 of the Indian Penal Code and Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

From the prosecution report, it appears that 1894.680 litres of liquor has been recovered from the house of one Bhushan Rai. At the time of raid, a lady

Patna High Court CR. MISC. No.35200 of 2020(2) dt.23-03-2021 2/3 was available in the house who has disclosed that the liquor belongs to the petitioner.

The learned counsel for the petitioner has submitted that when aforesaid Bhushan Rai was arrested and his statement was recorded, he also did not refer to the petitioner as the owner of the liquor which is said to have been seized.

The petitioner has got no connection with the aforesaid seized liquor and has been made accused in this case only because of some disclosure by a woman in the house of Bhushan Rai at the time of raid. The petitioner does not have criminal antecedents.

Considering the afore-stated fact, 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

Patna High Court CR. MISC. No.35200 of 2020(2) dt.23-03-2021 3/3 Thousand) with two sureties of the like amount each to the satisfaction of the learned A.D.J. - II - cum - Special Judge (Excise), Samastipur, in connection with Vibhutipur P. S. Case No. 237 of 2020, subject to the conditions as laid down under Section 438 (2) Cr.P.C. The application stands allowed.

(Ashutosh Kumar, J) skm/- U T