Balram Rai @ Balram Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.40140 of 2023 Arising Out of PS. Case No.-32 Year-2023 Thana- BIDUPUR District- Vaishali ====================================================== Balram Rai @ Balram Kumar Son of Late Dharmnath Rai, Resident of Village - Nawanagar, PS- Bidupur, Distt- Vaishali. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Ms. Sharda Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 17-07-2023 1.

Heard learned counsel for the petitioner and the learned APP for the State.

2.

Petitioner seeks regular bail in connection with Bidupur P.S. Case No. 32 of 2023 dated 20.01.2023 registered for the offence punishable under Section 30(a) of Bihar Prohibition and Excise Act.

3.

The main submissions advanced by learned counsel for petitioner are that the instant matter relates to the recovery of 189.500 litres of country-made foreign liquor and the same is stated to have been recovered from a cow-shed situated behind the house of this petitioner but the petitioner has no concern with the said place of recovery, rather the same belongs to Ram Bharosa Rai. Further submissions are that the petitioner was not arrested at the spot of recovery and there is no independent

Patna High Court CR. MISC. No.40140 of 2023(2) dt.17-07-2023 2/2 witness of the seizure of the alleged foreign liquor and the petitioner has been languishing in jail since 29.05.2023 and against the petitioner there are criminal antecedents of two cases, out of which he has got bail in one case. 4.

Learned APP for the State opposes the bail prayer of the petitioner.

5.

Considering the above submissions and mainly the fact that the alleged place of recovery of foreign liquor is stated to be a cow-shed which belongs to another person namely, Ram Bharosa Rai as per the above submission and the recovery of the alleged foreign liqour was made before the police personnel who have been made the witnesses of the alleged seizure, in my opinion, it is a fit case for bail to the petitioner. Accordingly, let the petitioner named above be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of concerned Court in connection with Bidupur P.S. Case No. 32 of 2023. (Shailendra Singh, J) Shahnawaz/- U T