Navin Kumar Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.64882 of 2021 Arising Out of PS. Case No.-433 Year-2020 Thana- MINAPUR District- Muzaffarpur ====================================================== NAVIN KUMAR RAI Son of Late Shiv Shankar Rai Resident of Village - Nehalpur, P.S.- Minapur, Distt.- Muzaffarpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ravi Ranjan, Advocate For the Opposite Party/s :

Mr.Sanjay Kumar Sharma, APPP ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 16-12-2021 Heard the learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks regular bail in connection with Minapur P.S. Case No. 433 of 2020 for the offence registered under Sections 272, 273/34 of the Indian Penal Code and Section 30(a) of the Bihar Prohibition and Excise Act. The allegation is regarding recovery of 2097 litres of illicit liquor from a truck and three persons were arrested from the spot who are stated to have disclosed the name of the petitioner to be the person who was regularly dealing in the illicit liquor trade.

The learned counsel for the petitioner has submitted that the petitioner is innocent, has been falsely implicated in the present case and he is languishing in custody since 29.08.2021. The learned counsel for the petitioner has further submitted that

Patna High Court CR. MISC. No.64882 of 2021(2) dt.16-12-2021 2/2 the petitioner is not the owner of the truck in question from which the illicit liquor has been seized.

Per contra, the learned counsel 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 learned counsel for the petitioner and taking into account the materials available on record as also considering the fact that the petitioner is not the owner of the truck in question and he is languishing in custody since some time, I deem it fit and proper to direct for release of the petitioner herein on regular bail. Accordingly, the petitioner, above named, is directed to be 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 Minapur P.S. Case No. 433 of 2020. (Mohit Kumar Shah, J) S.Sb/- U T