Patna High CourtCR. MISC./40988/2020bail granted

Jawahir Rai v. The State Of Bihar

2021-03-02Mr. Justice Partha Sarthy2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.40988 of 2020 Arising Out of PS. Case No.-442 Year-2020 Thana- MANER District- Patna ====================================================== Jawahir Rai S/O Premdhar Rai R/O Village - Brahmchari, P.S. - Maner, District - Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Shashi Bhushan 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 Maner P.S. Case no. 442 of 2020 registered under section 30(a) of the Bihar Prohibition and Excise Act, 2016.

As per allegation in the FIR, 90 litres of country liquor is stated to have been recovered from below the banyan tree and the petitioner was taken into custody. It is submitted by learned counsel for the petitioner that no recovery as alleged has taken place from his person or possession and he has been falsely implicated in the case. He is in custody since 19.8.2020 and investigation in the case has concluded.

Patna High Court CR. MISC. No.40988 of 2020(2) dt.02-03-2021 2/2 The application for bail is opposed by learned APP for the State.

Having heard learned counsel for the parties and taking into consideration the petitioner being in custody since 19.8.2020 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 Maner P.S. Case no. 442 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