Badal Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.7830 of 2021 Arising Out of PS. Case No.-239 Year-2020 Thana- MOTIPUR District- Muzaffarpur ====================================================== BADAL RAI S/O LATE MUSHAFIR RAI R/O VILLAGE BHAWANIDIH, P.S MOTIPUR, DISTRICT-MUZAFFARPUR.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ratneshwar Prasad, Advocate For the Opposite Party/s :

Mr. Sunil Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 16-04-2021 Heard Mr. Ratneshwar Prasad, learned counsel for the petitioner and Mr. Sunil Kumar Pandey, learned APP for the State through video conferencing.

Petitioner seeks regular bail in connection with Motipur P.S. Case No.239 of 2020 registered for the offence under Sections 272 and 273 of the Indian Penal Code and Sections 30(a), 41(1)(2) of the Bihar Prohibition and Excise Act.

The allegation as per the First Information Report is that the police got a secret information that one Sunil Rai along with his associates has brought the consignment of spirit near the Morshandi Bandh, proceeded towards the place of occurrence and upon seeing the police party, 4-5 accused persons started fleeing away. However, the petitioner was

Patna High Court CR. MISC. No.7830 of 2021(2) dt.16-04-2021 2/3 apprehended by the police and from the pick-up van 1365 liters and from a motorcycle 1344 of spirit were recovered by the police.

Learned counsel for the petitioner submits that petitioner has falsely been implicated by the police with oblique motive and he has no criminal antecedent. Learned counsel further submits that the petitioner is neither owner nor the driver of the pick-up van nor the motorcycle from where illicit liquor has been recovered belongs to him. Learned counsel next submits that co-accused Sunil Rai and Dharmendra Rai have been granted bail by a coordinate Benches of this Court in Cr.Misc.No.40813 of 2020 and Cr.Misc.No.3938 of 2021. Learned counsel next submits that petitioner is in custody since 27.09.2020 and the charge-sheet has already been submitted in the matter.

Having regard to the submissions made by the parties and material available on record and the fact that similarly situated co-accused persons have been granted bail and petitioner is not the owner of the vehicle and petitioner has got no criminal antecedent, I am inclined to grant regular bail to the petitioner.

Accordingly, let the above named petitioner be

Patna High Court CR. MISC. No.7830 of 2021(2) dt.16-04-2021 3/3 released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge Excise, Act Muzaffarpur in connection with Motipur P.S.Case No.239 of 2020. It is made clear that at the time of furnishing bail bond all the parties shall follow the guidelines regarding social distancing.

(Anil Kumar Sinha, J) Brajesh Kr./- U T