Mahendra Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.5166 of 2021 Arising Out of PS. Case No.-707 Year-2019 Thana- MAHUA District- Vaishali ====================================================== Mahendra Rai Son Of Sonelal Ray R/O Village- Mahua Singh Rai, P.S.- MAHUA ,DISTRICT- Vaishali.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Nityanand , APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 23-03-2021 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 Mahua P.S. Case no. 707 of 2019 registered under sections 30(a), 32(ii), 34(ii), 38(iii) and 41(i) of the Bihar Prohibition and Excise Act, 2016. As per allegation in the FIR, 203.016 litres of IMFL was recovered, on a raid being conducted, from the house of one Bipin Singh. It is further stated that name of eight other accused persons including the petitioner transpired in the confessional statement to the effect that these persons are also involved in the business of illicit liquor.

It is submitted by learned counsel for the petitioner that from the FIR itself it would be evident that no incriminating article has been recovered from his possession. The petitioner

Patna High Court CR. MISC. No.5166 of 2021(2) dt.23-03-2021 2/2 has been falsely implicated in the case because of his antecedents. He is in custody since 3.10.2020 and charge sheet has been submitted in the case.

The application for bail is opposed by learned APP for the State. .

Having heard learned counsel for the parties and taking into consideration the period in custody, the Court is inclined to enlarge the petitioner on bail. The petitioner is directed to be enlarged on bail in connection with Mahua P.S. case no. 707 of 2019 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 Additional Sessions Judge II-cum-Excise Court, Vaishali at Hajipur.

(Partha Sarthy, J) Prakash/- U