Hari Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.56789 of 2021 Arising Out of PS. Case No.-226 Year-2021 Thana- GAIGHAT District- Muzaffarpur ====================================================== Hari Rai S/O Late Ram Vilas Rai R/O Village-Baliya Indrajit, P.S-Bochahan, District-Muzaffarpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Udbhav, Adv For the Opposite Party/s :

Mr.Asha Devi, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 29-03-2022 Heard learned counsel for the parties.

Petitioner seeks bail in a case registered for the offence punishable under Sections 272, 273, 467, 468, 471 and 34 of the Indian Penal Code and Section 30(a), 36, 41(1) of Bihar Prohibition and Excise Act.

Informant is a police officer who in his written complaint dated 01.07.2021, has alleged that he along with other police personnel were on patrolling duty, when about 5:00 pm while checking the vehicle he received confidential information that a Truck loaded with illicit liquor is parked near Jarang Gas Agency and the persons involved in the business of illicit liquor have also assembled there. On receiving said information, he reached the place of occurrence and on seeing the police party accused miscreants assembled there fled away and the Truck was intercepted and one person was also apprehended, who disclosed

Patna High Court CR. MISC. No.56789 of 2021(2) dt.29-03-2022 2/2 his name as Md. Bilal and from said Truck huge quantity of illicit foreign liquor was recovered.

Learned counsel for the petitioner submits that petitioner is innocent and has been falsely implicated in this case on mere suspicion and his name has been disclosed by the Chowkidar and except this, there is no any other incriminating material against the petitioner. Nothing has been recovered from the possession of the petitioner. Petitioner is in custody since 10.07.2021. Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 20,000/- with two sureties of the like amount each to the satisfaction of learned court below where the case is pending, in connection with Gaighat P.S. Case No. 226 of 2021, with following conditions:-

(1) Both the bailors shall be the resident of territorial jurisdiction of the learned court-below and one of the bailor should be his Brother-in-Law.

(2) The petitioner shall fully cooperate with the investigation / trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioner. (S. Kumar, J) ranjan/- U