Nirmal Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.35333 of 2020 Arising Out of PS. Case No.-338 Year-2020 Thana- MANER District- Patna ====================================================== NIRMAL RAI, Son of Late Sant Kumar Rai, Resident of Nilkanth Tola, Gouraiya Asthan, P.S.- Maner, District- Patna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sanjay Kumar Mishra, Advocate For the Opposite Party/s :

Mr. Nand Kishore Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 01-02-2021 Heard Mr. Sanjay Kumar Mishra, learned Counsel for the petitioner and Mr. Nand Kishore Prasad, learned Additional Public Prosecutor for the State.

This application, for grant of regular bail, arises out of Maner Police Station Case No. 338 of 2020, disclosing offences under Section 30(a) of the Bihar Excise Act and Section 414 of the Indian Penal Code.

The allegation, as per the First Information Report is that the motorcycle of the petitioner was intercepted by the police and total quantity of 50 litres of country-made Mahua liquor was recovered from the said motorcycle. Learned counsel for the petitioner submits that the petitioner has not committed any offence in the manner alleged and he has falsely been implicated in this case due to oblique

Patna High Court CR. MISC. No.35333 of 2020(3) dt.01-02-2021 2/2 motive. Learned counsel next submits that petitioner is not the owner of the motorcycle and is having no criminal antecedent also. Learned counsel further submits that petitioner is in custody since 04.07.2020 and the chargesheet has already been submitted against the petitioner and there is no likelyhood that the petitioner will abscond or tamper with the evidence. Having regard to the submissions made by the parties and taking into consideration the materials on record and the fact that petitioner is in custody since 04.07.2020 having no criminal antecedent and the chargesheet has already been submitted in this case, I am inclined to grant regular bail to the petitioner.

Accordingly, let the petitioner, Nirmal Rai, 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 Special Judge (Excise), Patna, in connection with Maner Police Station Case No. 338 of 2020.

(Anil Kumar Sinha, J) sanjeev/- U T