Patna High Court/46688/2023bail granted

Shambhu Rai v. The State Of Bihar

2023-07-31Mr. Justice Shailendra Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.46688 of 2023 Arising Out of PS. Case No.-220 Year-2023 Thana- BHAGWAN BAZAR District- Saran ====================================================== SHAMBHU RAI, Son Of Bishwanath Rai, Resident Of Mohalla - Katra, P.S. - Bhagwan Bazar, District - Saran At Chapra ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Vijay Kumar, Adv.

For the Opposite Party/s :

Mr. Md. Ataur Rahman, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 31-07-2023

1. Heard learned counsel for the petitioner and learned APP for the State.

2. Petitioner seeks regular bail in connection with Bhagwan Bazar P.S. Case No. 220 of 2023 dated 27.05.2023 registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act.

3. The main submissions advanced by learned counsel Mr. Vijay Kumar appearing for the petitioner are that the instant matter relates to the recovery of 200 litres of country-made liquor but the same is stated to have been recovered from near the palani of co-accused Bali Ram Sah with whom the petitioner has no relation. Further submissions are that the petitioner has been languishing in jail since 28.05.2023 having fair and clean antecedent and against the

Patna High Court CR. MISC. No.46688 of 2023(2) dt.31-07-2023 2/2 petitioner investigation has been completed.

4. Learned APP Mr. Md. Ataur Rahman appearing for the State has opposed the prayer for bail.

5. Considering the above submissions and mainly taking into account petitioner's fair and clean antecedent and also the fact that the recovery of the alleged wine was made before two police personnel who have been made the witnesses of the search and seizure of the alleged wine and against the petitioner investigation has been completed, in my opinion, it is a fit case for bail to the petitioner. Accordingly, let the petitioner named-above be enlarged on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the concerned Court in connection with Bhagwan Bazar P.S. Case No. 220 of 2023. (Shailendra Singh, J.) Maynaz/- U T