Kishore Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.55806 of 2022 Arising Out of PS. Case No.-361 Year-2021 Thana- SAHEBGANJ District- Muzaffarpur ====================================================== Kishore Rai S/O Tingan Rai @ Jagarnath Ray Resident Of - Madhopur Hazari, P.S.- Sahebganj, District- Muzaffarpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Yugal Kishore, Adv.

For the Opposite Party/s :

Mr. Akbar Ali, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 02-12-2022 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 Sahebganj P.S. Case No. 361 of 2021 lodged under Sections 272, 273 of the I.P.C. and Section 30(a) of the Bihar Prohbition and Excise Act.

As per the prosecution case, total recovery of 70 liter of country-made wine has been made, which is subject matter of the present case.

Learned counsel for the petitioner submits that petitioner is innocent and has committed no offence. He further submits that petitioner is in custody since 10.06.2022 having

Patna High Court CR. MISC. No.55806 of 2022(2) dt.02-12-2022 2/2 clean antecedent. Charge-sheet has already been filed in this case. Learned counsel for the petitioner submits that the alleged recovery has been made from a public place and not from the possession of the petitioner. He submits the from the F.I.R. it transpires that name of the petitioner has come in this case by virtue of statement of one chowkidaar and due to his wrong statement petitioner is languishing in jail.

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 Special Judge Excise, Court-2, Muzaffarpur in connection with Sahebganj P.S. Case No. 361 of 2021, 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.) ashishsingh/- U T