Balinder Rai @ Balinder Kumar Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.43383 of 2022 Arising Out of PS. Case No.-875 Year-2020 Thana- SONEPUR District- Saran ====================================================== Balinder Rai @ Balinder Kumar Rai S/O Lakshman Ray R/O VillageRahimpur, P.S. And P.O.- Sonepur, District- Saran (Chapra) ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr. Saket Anand For the Opposite Party/s :

Mr. Akshay Lal Pandit ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 30-08-2022 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in anticipation of his arrest in a case registered for the offences punishable under Sections 30(a), 38, 40(i) of the Excise Act.

The learned counsel for the petitioner submits that the petitioner has antecedent of one case and the allegation is of recovery of 02 litres of liquor from a gallon from the bushes at Kalu Ghat, Diyara.

The learned counsel for the petitioner submits that the petitioner was not arrested from the spot, as such, nothing was recovered from his conscious possession. It is next submitted that he came to be implicated based on secret information which is the easiest way to implicate a person in order to save the real

Patna High Court CR. MISC. No.43383 of 2022(2) dt.30-08-2022 2/2 culprit. It is also submitted that in the nature of allegation if the petitioner is sent to jail, then it would be a travesty of justice as the recovery was from a place which is accessible to the public at large.

Learned A.P.P. opposes the bail application.

Considering the submissions made by the learned counsel for the petitioner, the petitioner, above-named, in the event of his arrest or surrender before the learned Court below within a period of six weeks, is directed to be released on bail on his furnishing bail-bonds in the sum of Rs. 2,000/- (Rupees Two Thousand) with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending in connection with Sonepur P. S. Case No.875 of 2020, subject to the conditions laid down under Section 438(2) of the Cr.P.C.

The application stands allowed.

(Satyavrat Verma, J) vikash/- U T