Ajay Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.55658 of 2021 Arising Out of PS. Case No.-12 Year-2021 Thana- MOTIPUR District- Muzaffarpur ====================================================== AJAY RAI SON OF LAL BABU RAI R/O VILLAGE- MORSANDI, P.S.- MOTIPUR, DISTRICT- MUZAFFARPUR ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Kalyan Shankar, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 20-05-2022 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 Motipur P.S. Case No. 12/2021 registered for the offences punishable under Sections 272, 273 of the Indian Penal Code 1860 and Section 30(a), 41(1)(2) of the Bihar Prohibition and Excise Act, 2016.

The allegation, as per the First Information Report, is that the Police got information that the petitioner along with Sunny Kumar has stored spirit for the purpose of manufacture of illicit liquor, proceeded towards the place of occurrence and recovered 100 litres of spirit kept in a drum

Patna High Court CR. MISC. No.55658 of 2021(2) dt.20-05-2022 2/3 near the bank of river Budhi Gandak. The Police tried to nab the petitioner and co-accused Sunny Kumar, but they succeeded in fleeing away.

Learned counsel for the petitioner submits that the petitioner has got no criminal antecedent and he has been implicated in this case on the basis of secret information by the Police. He further submits that local Chowkidar has allegedly identified the petitioner fleeing from the place of occurrence. He next submits that the illicit spirit has not been recovered from possession of the petitioner and that has been recovered from the bank of river Budhi Gandak which is an open space accessible to all and sundry. The petitioner is in custody since 1.8.2021 having no criminal antecedent.

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 1.8.2021 and charge sheet has already been submitted, I am inclined to grant regular bail to the petitioner.

Accordingly, let the petitioner, above named, be

Patna High Court CR. MISC. No.55658 of 2021(2) dt.20-05-2022 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 Special Judge, Excise, Muzaffarpur, in connection with Motipur P.S. Case No. 12/2021.

(Anil Kumar Sinha, J) S.Ali/- U T