Shailesh Rai v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.59464 of 2023 Arising Out of PS. Case No.-140 Year-2021 Thana- SONEPUR District- Saran ====================================================== Shailesh Rai Son Of Ram Surat Rai Resident Of Village-Pahleja Shahpur Diyara, P.S.-Sonepur, District-Saran.
... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Ashok Kumar Mishra For the Opposite Party/s :
Mrs.Sangeeta Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 08-09-2023 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner has prayed for regular bail in a case registered for the offence punishable under section 30(a), 38 and 41(i) of the Bihar Prohibition and Excise Act.
3. Prosecution case relates to recovery of 600 liters of spirit from a drum placed at Diara.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case. It is further submitted that petitioner has no concern either with the seized material or with place of occurrence. Nothing has been recovered from the conscious possession of the petitioner. Moreover, he is languishing in judicial custody since 01.07.2023.
Patna High Court CR. MISC. No.59464 of 2023(2) dt.08-09-2023 2/2
5. Learned APP appearing for the state has opposed the prayer of regular bail.
6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Sonepur P.S. Case No. 140 of 2021 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned 2nd Exclusive Special Excise Judge, Saran at Chapra. (Sunil Kumar Panwar, J) Shubham/- U T