Bhola Kumar @ Bhola Ray v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.53654 of 2021 Arising Out of PS. Case No.-162 Year-2020 Thana- DIDARGANJ District- Patna ====================================================== BHOLA KUMAR @ BHOLA RAY SON OF LATE RANJEET RAI RESIDENT OF VILLAGE- DIDARGANJ, P.S.- DIDARGANJ, DISTRICTPATNA ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Jay Ram Prasad, Adv.

For the Opposite Party/s :

Mr. Nand Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 01-04-2022 Heard learned counsel for the parties through video conferencing.

The petitioner has preferred this application for grant of regular bail in a case registered under sections 30(a) and 36 of the Bihar Prohibition and Excise Act, 2016. As per the prosecution case, on being signalled by the police to stop for checking, it is stated that two accused persons managed to escape. They were identified by the spy as the petitioner and one another. It is further stated that soon after their escape, another vehicle which was stopped for search, a total of 369 litres of foreign liquor was recovered from the same.

It is submitted by learned counsel for the petitioner

Patna High Court CR. MISC. No.53654 of 2021(2) dt.01-04-2022 2/2 that the petitioner has been falsely implicated in the case because of his antecedents. Neither was he arrested at the spot nor any incriminating article recovered from his possession. He is in custody since 22.1.2021 and chargesheet has been submitted in the case.

The application for bail is opposed by learned A.P.P. for the State who submits that the petitioner has criminal antecedents.

Having heard learned counsel for the parties and taking into consideration the facts of the case together with the petitioner having remained in custody for more than 1 year, the Court directs the petitioner to be enlarged on bail in connection with Special Case no.4524 of 2020 (arising out of Didarganj P.S. Case no.162 of 2020) on furnishing bail bond of Rs.10,000/ (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Special Judge, Excise, Patna.

(Partha Sarthy, J) Saurabh/- U T