Rama Shankar Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.61765 of 2021 Arising Out of PS. Case No.-361 Year-2021 Thana- SAHEBGANJ District- Muzaffarpur ====================================================== RAMA SHANKAR RAI Son of Angutha Rai @ Anutha Ray Resident of Village - Madhopur Hazari, P.S.- Sahebganj, Distt.- Muzaffarpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mrs. Asha Devi, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 28-01-2022 Heard learned counsel for the petitioner and learned A.P.P. for the State through virtual court proceedings. Let the defect(s), if any, be removed within a period of four weeks after complete start of the physical Court. The petitioner seeks regular bail in connection with Sahebganj P.S. Case No. 361 of 2021 instituted for the offences under Sections 272, 273 of the Indian Penal Code read with Section 30(a) of the Bihar Prohibition and Excise Act. Learned counsel for the petitioner submits that the petitioner is in custody since 24.08.2021, is a person with clean antecedent and charge-sheet has been submitted. Allegation is of recovery of 70 litre of liquor from the place of occurrence and the accused fled away seeing the police and the petitioner was identified by the local Chowkidar. Learned counsel for the petitioner submits that

Patna High Court CR. MISC. No.61765 of 2021(2) dt.28-01-2022 2/2 admittedly petitioner was not apprehended from the spot, as such, nothing was recovered from the possession of the petitioner and came to be identified by the local Chowkidar with whom he is on inimical term.

Learned A.P.P. for the State vehemently opposes the prayer for regular bail of the petitioner.

Considering the fact that the petitioner is in custody, is a person with clean antecedent, charge-sheet has been submitted and petitioner was not arrested from the spot, let the petitioner above named be released on bail on furnishing bail bond of Rs.5,000/- (Rupees Five Thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge, Excise Act, Muzaffarpur in connection with Sahebganj P.S. Case No. 361 of 2021.

(Satyavrat Verma, J) Kundan/- U T