← Library
Patna High CourtCR. MISC./35064/2020bail granted

Sameer Kumar Rai @ Sameer Kumar @ Samar Rai v. The State Of Bihar

2021-01-20Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.35064 of 2020 Arising Out of PS. Case No.-3 Year-2019 Thana- GOVERNMENT OFFICIAL COMP. District- Muzaffarpur ====================================================== SAMEER KUMAR RAI @ SAMEER KUMAR @ SAMAR RAI, (aged about 35 years, Gender-Male), Son of Nawal Ray @ Nawal Kishore Ray, Resident of Village - Manikpur, P.S. - Meenapur, District - Muzaffarpur. ... ... Petitioner

Versus

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

For the Petitioner :

Mr.Ravi Ranjan, Advocate.

For the Opposite Party :

Mr. Ramchandra Sahni, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 20-01-2021 Learned counsel for the petitioner is directed to remove the defects, as pointed out by the office, within a period of four weeks.

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

The petitioner seeks bail in a case for the offence registered under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

The prosecution story, in brief, is that total 826.470 liters wine is said to have been recovered.

It has been submitted by learned counsel for the petitioner that the petitioner is languishing in custody since 04.05.2020. Charge sheet has been submitted in the present

Patna High Court CR. MISC. No.35064 of 2020(2) dt.20-01-2021 2/2 case. There is no allegation of tampering with the witnesses alleged against the petitioner. The petitioner has falsely been implicated in the present case. It is alleged that total 826.470 liters wine is recovered from the house of co-accused. The petitioner had no knowledge regarding the alleged incident. There is no compliance of Section 100 Cr. P.C. On behalf of the State, it is submitted that the petitioner is named in the F.I.R.

Considering the aforesaid facts and circumstances of the case, the petitioner above named, is directed to be released on bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand Only) with two sureties of the like amount each to the satisfaction of the learned Special Judge, Excise Act, Muzaffarpur, in connection with Excise Case No. 03 of 2019. (Sudhir Singh, J) U.K./- U T