Kameshwar Rai @ Kameshwar Ray v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.52183 of 2021 Arising Out of PS. Case No.-179 Year-2021 Thana- AMNAUR District- Saran ====================================================== KAMESHWAR RAI @ KAMESHWAR RAY S/O LATE RAMDATT RAI R/o village- Bishunpur Piprahi, P.S.- Amnour, District- Saran ... ... Petitioner/s
Versus
THE STATE OF BIHAR Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Harish Kumar, Advocate For the Opposite Party/s :
Ms. Asha Devi, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 22-04-2022 Heard learned counsel for the petitioner and learned Additional Public Prosecutor appearing for the State through video conferencing.
Petitioner seeks regular bail in connection with Amnour P.S. Case No. 179/2021 registered for the offences punishable under Sections 272, 273, 34 of the Indian Penal Code 1860 and Section 30(a) of the Bihar Prohibition and Excise Act, 2016.
The allegation, as per the First Information Report, is that the Police got information that some persons were indulged in selling illicit liquor, proceeded towards the place of occurrence and upon seeing the Police Party three persons started fleeing away. However, the petitioner was
Patna High Court CR. MISC. No.52183 of 2021(2) dt.22-04-2022 2/3 arrested and two persons succeeded in fleeing away. On search, a total quantity of 79.800 litres of illicit country made liquor was recovered from possession of the petitioner.
Learned counsel for the petitioner submits that the petitioner has got no criminal antecedent and he has falsely been implicated in this case with oblique motive. He further submits that from perusal of the seizure list, it would be evident that place of recovery of illicit liquor is from the village road situated near the canal and not from the conscious possession of the petitioner. The petitioner is in custody since 19.7.2021 and charge sheet has already been submitted.
Regards being had to the submission made by the parties and taking into consideration the materials on record, the fact that the petitioner has got no criminal antecedent, he is in custody since 19.7.2021, charge sheet has already been submitted and there is no likelihood that the petitioner will abscond or tamper with the evidence, I am inclined to grant regular bail to the petitioner. Accordingly, let the petitioner, above named, be
Patna High Court CR. MISC. No.52183 of 2021(2) dt.22-04-2022 3/3 released on regular bail on furnishing bail bonds of Rs.20,000/- (Twenty thousand) with two sureties of the like amount each to the satisfaction of learned 2nd Additional Sessions Judge-cum-Special Judge, Excise, Saran, in connection with Amnour P.S. Case No. 179 of 2021. (Anil Kumar Sinha, J) S.Ali/- U T