Sudhir Rajvanshi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.61714 of 2021 Arising Out of PS. Case No.-248 Year-2021 Thana- HISUWA District- Nawada ====================================================== Sudhir Rajvanshi Son Of Chando Rajvanshi R/O Village- Rampati Nagar, Latawar, P.S.- Hisua, District- Nawada ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Krishna Deo Raj For the Opposite Party/s :

Mr.Nand Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 31-03-2022 Heard.

The petitioner seeks regular bail in connection with Hilsa P.S. Case No. 248 of 2021, registered for the offence punishable under sections 30(a), 41 of Bihar Prohibition and Excise Act, 2016.

The allegation is regarding recovery of 70 liters of illicit liquor from the house of the petitioner and 20 liters of illicit liquor from near the house of the petitioner. It is alleged that one co-accused person namely Girish @ Tota was arrested and he is stated to have disclosed about the factum of the petitioner being the owner of the said illicit liquor. The learned counsel for the petitioner has submitted that the petitioner is innocent, has been falsely

Patna High Court CR. MISC. No.61714 of 2021(2) dt.31-03-2022 2/3 implicated in the present case and is languishing in custody since 30.07.2021. The learned counsel for the petitioner has further submitted that though the petitioner is accused in one other case, but he is on bail in the said case. It is further submitted that one co-accused person namely Girish has already been granted bail by a co-ordinate Bench of this Court. Per contra, the learned APP for the State, has vehemently opposed the prayer for bail.

Having regard to the facts and circumstances of the case, considering the submissions made by the parties and taking into account the materials available on record as also considering the fact that the petitioner has not been arrested from the spot and no illicit liquor has been recovered from the conscious possession of the petitioner, apart from the fact that he has been languishing in custody since considerable time, I deem it fit and proper to admit the petitioner to the privilege of regular bail.

Accordingly, the petitioner, above named, is directed to be released on bail on furnishing bail- bonds of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of the learned court of Additional District and Sessions Judge-II

Patna High Court CR. MISC. No.61714 of 2021(2) dt.31-03-2022 3/3 cum Special Judge, Excise, Nawada in connection with Hilsa P.S. Case No. 248 of 2021.

(Mohit Kumar Shah, J) Tiwary/- U T