Suresh Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.65685 of 2021 Arising Out of PS. Case No.-266 Year-2021 Thana- TARAIYA District- Saran ====================================================== SURESH RAI, S/o Late Jaleshwar Rai Resident of Village- Bhalua Nakta, P.S.- Taraiya, District- Saran.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Prabhakar Nath Rai For the Opposite Party/s :

Mr.Md. Anbzarul Haque Sahara, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 11-02-2022 Heard the learned counsel for the petitioner and the learned APP for the State, through Video Conferencing. The petitioner seeks bail in connection with Taraiya P.S. Case No. 266 of 2021, instituted for the offences under Section 30(a) of Bihar Prohibition and Excise (Amendment) Act, 2018.

The learned counsel for the petitioner submits that the petitioner is in custody since 06.09.2021, charge-sheet has been submitted and has antecedent of eight cases and allegation is of recovery of 6000 litres of spirit from a truck, as detailed in the FIR and the driver, Bhola Pandey was arrested. The learned counsel submits that the petitioner was not arrested from the spot and his name came in the confessional statement of co-accused, Bhola Pandey. It is further submitted

Patna High Court CR. MISC. No.65685 of 2021(2) dt.11-02-2022 2/2 that since petitioner have antecedent, as such, the police through Bhola Pandey, implicated the petitioner in this case. The learned A.P.P. vehemently opposes the bail application.

Considering the fact the petitioner is in custody since 06.09.2021, charge-sheet has been submitted and name of the petitioner transpired in the confessional statement of coaccused, the petitioner, above-named, is directed to be released on bail on his furnishing bail-bonds in the sum of Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned 2nd Additional Sessions Judge-cum-Special Judge, Excise, Saran, in connection with Taraiya P.S. Case No. 266 of 2021, with a condition that one of the bailor shall the nephew (Bhagina) of the petitioner (Pappu Kumar).

The application stands allowed.

(Satyavrat Verma, J) sanjeev/- U T