Patna High CourtCR. MISC./47246/2023bail granted

Sarva Rai @ Sanjay Rai @ Sarvanand Rai v. The State Of Bihar

2023-08-03Mr. Justice Chandra Prakash Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.47246 of 2023 Arising Out of PS. Case No.-426 Year-2022 Thana- DARIYAPUR District- Saran ====================================================== SARVA RAI @ SANJAY RAI @ SARVANAND RAI Son of Ganesh Rai Resident of Village-Darihara Bhual, P.S.-Dariyapur, District-Saran at Chapra ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Udai Shankar Singh For the Opposite Party/s :

Mr.Abhay Kumar Roy ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 03-08-2023

1. Learned counsel for the petitioner is permitted to remove defect (s), as pointed out by the office, if any, within a period of four weeks on resumption of physical mode.

2. Heard learned counsel for the petitioner and learned A.P.P. for the State.

3. The petitioner has preferred this application for grant of regular bail in connection with Dariyapur P.S. Case No. 426 of 2022 dated 22.07.2022 registered for the offences punishable u/s 30(a) of the Bihar Prohibition and Excise Act.

4. As per the prosecution case, 300 litres of illicit country-made liquor and 500 litres of unmanufactured liquor are alleged to have recovered from the thatched hut of the petitioner.

5. Learned counsel for the petitioner has submitted

Patna High Court CR. MISC. No.47246 of 2023(2) dt.03-08-2023 2/2 that the petitioner is innocent and has falsely been implicated in this case. Nothing has been recovered from the conscious possession of the petitioner. The petitioner has no concern with the alleged recovery. The petitioner is accused in one more criminal case as stated in para 3 of the bail petition. The petitioner is in custody since 17.05.2023.

6. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

7. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Saran at Chapra in connection with Dariyapur P.S. Case No. 426 of 2022.

8. The application stands allowed.

(Chandra Prakash Singh, J) Alok Verma/- U T