Patna High CourtCR. MISC./55882/2024bail granted

Sanjiv Rai @ Sanjeeb Rai v. The State Of Bihar

2024-08-05Mr. Justice Chandra Prakash Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.55882 of 2024 Arising Out of PS. Case No.-137 Year-2023 Thana- RAGHOPUR District- Vaishali ====================================================== Sanjiv Rai @ Sanjeeb Rai Son of Dhuri Rai @ Dhurkheli Rai R/O Vill.- Sukumarpur, P.s.- Raghopur, Rustampur, Dist.- Vaishali. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Pramod Kumar For the Opposite Party/s :

Mr.Md. Iftekhar Mahmood ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 05-08-2024 Heard learned counsel for the petitioner and learned A.P.P for the State.

2. The petitioner has preferred this application for grant of regular bail in connection with Raghopur (Rustampur O.P.) P.S. Case No. 137 of 2023 dated 12.06.2023 registered for the offence/s punishable u/ss 272 and 273 of the IPC and section 30(a) of the Bihar Prohibition and Excise Act.

3. As per the prosecution case, total 200 litres of illicit country made liquor was recovered from the Diyara land near the bank of the Ganga river.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. The petitioner has no concern with the alleged

Patna High Court CR. MISC. No.55882 of 2024(2) dt.05-08-2024 2/2 recovery. Nothing has been recovered from the conscious possession of the petitioner. The petitioner has five criminal antecedents as stated in para 3 of the bail petition. The petitioner is in custody since 27.05.2024.

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

6. 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, Hajipur, Vaishali in connection with Raghopur (Rustampur O.P.) P.S. Case No. 137 of 2023, with the condition/s:- (1). The petitioner is directed to remain physically present before the learned Court below on each and every date, failing which on two consecutive dates without reasonable cause, the bail bond of the petitioner is liable to be cancelled.

7. The application stands allowed.

(Chandra Prakash Singh, J) guddukr/- U T