Sushil Ray @ Sushil Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.55326 of 2022 Arising Out of PS. Case No.-160 Year-2022 Thana- NAANPUR District- Sitamarhi ====================================================== Sushil Ray @ Sushil Rai S/o Niras Rai R/o village- Gauri, P.S.- Nanpur, District- Sitamarhi.

... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ashok Kumar Jha, Adv.

For the Opposite Party/s :

Mr. Nitya Nand Tiwary, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 18-11-2022 Let the defect(s), if any, be removed within two weeks from today.

Heard learned counsel for the petitioner and learned A.P.P. for the State through virtual mode.

The petitioner seeks regular bail in connection with Nanpur P.S. Case No. 160 of 2022, lodged under Section 414 of Indian Penal Code read with Sections 30(a), 38(i), 41(i) of the Bihar Prohibition and Excise Act.

As per prosecution case, the total recovery of 756.729 liter of wine is the subject matter relating to the present case. Learned counsel for the petitioner submits that petitioner is innocent and has committed no offence. He further submits that nothing was recovered from the possession of petitioner, rather his name has been disclosed upon the secret

Patna High Court CR. MISC. No.55326 of 2022(2) dt.18-11-2022 2/2 information of Spy who seen them in the light. He further submits that antecedent of petitioner is clean, he is in custody since 24.05.2022 and charge sheet has already been filed in this case.

Learned counsel for the State opposes the prayer for bail.

In the present facts and circumstances of this case and the submissions made above, let the petitioner above named, be granted bail on furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Excise Court No.2, Sitamarhi in connection with Nanpur P.S. Case No. 160 of 2022, subject to the conditions as laid down under Section 437(3) of Cr.P.C.

With this observation, the bail application stands allowed.

(Dr. Anshuman, J.) ritik/- U T