Rana Yadav @ Rana Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36159 of 2020 Arising Out of PS. Case No.-45 Year-2020 Thana- BACHHWARA District- Begusarai ====================================================== RANA YADAV @ RANA RAI Son of Raja Gop Rai Resident of Village - Ranitol, P.S.- Bachhwara, Distt.- Begusarai.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Jai Prakash Singh, Advocate For the Opposite Party/s :

Mrs. Anita Kumari Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 27-01-2021 Heard the learned counsel for the petitioner and Mrs. Anita Kumari Singh, the learned A.P.P. for the State. The petitioner seeks regular bail in connection with Bachhwara P.S. Case No. 45 of 2020 for the offence registered under Sections 188 and 120(B) of the Indian Penal Code and Sections 30(a), 32(2) and 41(2) of the Bihar Prohibition and Excise Amendment Act, 2016.

The allegation is regarding recovery of illicit liquor and beer from an orchard belonging to one Heera Lal Chaudhary.

The learned counsel for the petitioner has submitted that the petitioner is innocent, has been falsely implicated in the present case, is having a clean antecedent and he is languishing in custody since 11.07.2020. The learned counsel for the

Patna High Court CR. MISC. No.36159 of 2020(2) dt.27-01-2021 2/2 petitioner has further submitted that the orchard in question from which the illicit liquor has been recovered, does not belong to the petitioner.

Per contra, the learned counsel for the State has vehemently opposed the prayer for bail.

Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the petitioner and taking into account the materials on record as also considering the fact that the illicit liquor has not been recovered from the orchard of the petitioner herein, I deem it fit and proper to direct for release of the petitioner herein on regular bail.

Accordingly, the petitioner, above named, is directed to 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 learned Additional Sessions Judge-2nd-cumSpecial Judge, Excise Act, Begusarai in connection with Bachhwara P.S. Case No. 45 of 2020.

(Mohit Kumar Shah, J) S.Sb/- U T