Kameshar Rai @ Kameshwar Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.64292 of 2021 Arising Out of PS. Case No.-587 Year-2021 Thana- KANTI District- Muzaffarpur ====================================================== KAMESHAR RAI @ KAMESHWAR RAI S/o Chandeshwar Rai R/o villageSadatpur, P.S.- Kanti, District- Muzaffarpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Radhe Shyam For the Opposite Party/s :

Mr. Sanjay Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 31-05-2022 Heard learned counsel for the petitioner and learned APP for the State.

This Court would expect that the petitioner's counsel would honour his undertaking in the instant proceedings regarding supply of requisite court fee etc. within two weeks from the date he is called upon to do so by the office. Petitioner seeks bail in connection with Kanti P.S. Case No. 587 of 2021 registered under Section 30(a) of Bihar Prohibition and Excise Act.

The police, acting on information regarding illicit liquor being brought for its sale by five accused persons including the petitioner, have gone to the place from where total 2632 litre 320 ml illicit liquor has been recovered from a truck. Petitioner's counsel submits that he is son of ex-

Patna High Court CR. MISC. No.64292 of 2021(2) dt.31-05-2022 2/3 mukhiya and his implication is based on political considerations. He has earlier been also made accused in similar way in Kanti P.S. Case No. 403 of 2017 in which he is on bail. He is in custody in connection with this case since 19.09.2021. The submission is that other than secret information, there is nothing to connect the petitioner with the recovery of illicit liquor.

Learned APP has opposed the prayer for bail.

Considering the rival submissions, nature of allegations and the period of custody, this Court is inclined to allow the prayer.

Let the petitioner above named be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge, Excise, Muzaffarpur in Kanti P.S. Case No. 587 of 2021, subject to the following conditions:- (i) That one of the bailors will be a close relative of the petitioner who will give an affidavit giving genealogy as to how he is related with the petitioner. The bailor will also undertake to inform the Court if there is any change in the address of the petitioner.

(ii) That the petitioner will be well represented on

Patna High Court CR. MISC. No.64292 of 2021(2) dt.31-05-2022 3/3 each date and if he fails to do so on two consecutive dates, his bail bond will be liable to be cancelled.

(Madhuresh Prasad, J) SUMIT/- U T