Ratnesh Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.40993 of 2020 Arising Out of PS. Case No.-152 Year-2020 Thana- RAJIVNAGAR District- Patna ====================================================== Ratnesh Rai S/o Ganeshi Rai @ Ganesh Rai R/o Jai Prakash Nagar, Road No. 1, Shiv Mandir Road, P.S.- Rajiv Nagar, District- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Atul Chandra, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 02-03-2021 Heard learned counsel for the petitioner and learned APP for the State through video conferencing. The petitioner has filed the instant application for grant of regular bail in connection with Special Case no. 3567 of 2020 arising out of Rajiv Nagar P.S. Case no. 152 of 2020 registered under sections 30(a) and 37(b)(c) of the Bihar Prohibition and Excise Act, 2016.

As per allegation in the FIR, on seeing the police personnel the accused persons made an attempt to escape. While three of them caught, it is stated that the petitioner herein managed to escape. A total of 250.56 litres of IMFL was recovered from near the Khatal of one Brij Narayan Yadav. It is submitted by learned counsel for the petitioner that neither the petitioner was arrested at the spot nor any incriminating article has been recovered from his possession.

Patna High Court CR. MISC. No.40993 of 2020(2) dt.02-03-2021 2/2 His name has transpired in the confessional statement of a coaccused made before the police. It is submitted that other coaccused have been enlarged on bail vide order which are Annexure 2 series to the petition and the petitioner is in custody since 11.9.2020.

The application for bail is opposed by learned APP for the State.

Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case including the petitioner being in custody since 11.9.2020 and investigation in the case having concluded, the Court is inclined to enlarge the petitioner on bail. The petitioner is directed to be enlarged on bail in connection with Special Case no. 3567 of 2020 arising out of Rajiv Nagar P.S. Case no. 152 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) Prakash/- U