Shivji Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.50151 of 2021 Arising Out of PS. Case No.-37 Year-2021 Thana- MAJORGANJ District- Sitamarhi ====================================================== Shivji Rai Son of Late Dinkar Rai Resident of Village - Harpur Kala, P.S. - Majorganj, District - Sitamarhi.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 17-12-2021 The present petition has been taken up for consideration through the mode of Video Conferencing in view of the prevailing situation on account of Covid 19 pandemic, requiring social distancing.

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

The petitioner seeks regular bail in connection with Majorganj P.S. Case No. 37 of 2021 instituted for the offences under Sections 272 and 273 of the Indian Penal Code read with Section 30(a) of the Bihar Prohibition and Excise Act, 2018. Learned counsel for the petitioner submits that the petitioner is in custody since 25.06.2021, is a person with clean antecedent and charge-sheet has been submitted in the case. Learned counsel for the petitioner submits that

Patna High Court CR. MISC. No.50151 of 2021(2) dt.17-12-2021 2/2 allegation is of recovery of 225 liters of Nepali liquor form the cattle shed of the petitioner.

Learned counsel for the petitioner submits that the cattle shed of the petitioner is outside the premises of his house and as such he was not aware who kept the said liquor in the cattle shed.

Learned A.P.P. for the State vehemently opposes the prayer for regular bail of the petitioner.

Considering the fact that the petitioner is in custody since 25.06.2021, charge-sheet has been submitted in the case and the petitioner is a person with clean antecedent, let the petitioner above named be released on bail on furnishing bail bond of Rs. 5,000/- (Rupees Five Thousand only) with two sureties of the like amount each to the satisfaction of learned Additional District and Sessions Judge-II, Special Judge, Excise, Sitamarhi in connection with Majorganj P.S. Case No. 37 of 2021 subject to the condition as laid down under Section 437 (3) Cr.P.C.

(Satyavrat Verma, J) Gaurav Kumar/- U T