Nunu Rai @ Abhishek Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.46789 of 2021 Arising Out of PS. Case No.-59 Year-2021 Thana- KATRA District- Muzaffarpur ====================================================== NUNU RAI @ ABHISHEK KUMAR Son of Mahabir Rai Resident of Village- Anyapur, P.S.- Katra, District- Muzaffarpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Prakash Chandra Jha, Adv.

For the Opposite Party/s :

Mr. Parmanand Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 07-02-2022 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 30(a) and 41(1) of the Bihar Prohibition and Excise Act, 2016. As per the prosecution case, while the accused Vijay Rai and the petitioner managed to escape, it is stated that on search of the house of accused Vijay Rai, a total of 194.76 litres of IMFL was recovered and the co-villagers disclosed that both the accused persons were involved in the business of liquor. It is submitted by learned counsel for the petitioner that neither the petitioner was arrested at the spot nor any incriminating article has been recovered from his possession or his house. He has been falsely implicated in the case because of

Patna High Court CR. MISC. No.46789 of 2021(2) dt.07-02-2022 2/2 his antecedents. He is in custody since 23.4.2021 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 including the petitioner having remained in custody for over 9 months, the Court directs the petitioner to be enlarged on bail in connection with Katra P.S. Case no.59 of 2021 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 Act, Muzaffarpur.

(Partha Sarthy, J) Saurabh/- U T