Sunil Rai @ Sunil Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.69740 of 2021 Arising Out of PS. Case No.-114 Year-2021 Thana- MINAPUR District- Muzaffarpur ====================================================== SUNIL RAI @ SUNIL KUMAR Son of Late Jalim Rai Resident of village - Kadariya Chakki Rampur, P.S.- Mahindwara, Dist.- Sitamarhi. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ratneshwar Prasad, Adv.

Ms. Nitu Kumari, Adv.

For the Opposite Party/s :

Ms. Pronoti Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 23-05-2022 Heard Mr. Ratneshwar Prasad, learned counsel for the petitioner and Ms. Pronoti Singh, Additional Public Prosecutor for the State.

Petitioner seeks regular bail in connection with Minapur (Meenapur) PS Case No. 114/2021 registered for the offence punishable under Sections 272/273/34 of the IPC and under Section 30(a) of Bihar Prohibition & Excise Act. As per First Information Report, 400.100 litres of illicit liquor has been recovered from the house of one coaccused, namely, Bal Krishna Kumar and the petitioner is said to be one of his co-workers.

Learned counsel for the petitioner submits that the petitioner has not committed any offence in the manner alleged and he has falsely been implicated in this case on the basis of disclosure of his name by the co-accused, Bal Krishna. Learned counsel further submits that no illicit liquor has been recovered

Patna High Court CR. MISC. No.69740 of 2021(2) dt.23-05-2022 2/2 from the conscious possession of the petitioner or from the premises belonging to him. He next submits that the petitioner is in custody since 28.09.2021 and the co-accused, Priya Kumari who is the wife of Bal Krishna Kumar from whose house the recovery was made, has been granted bail by a co-ordinate Bench of this Court vide Annexure-2.

Having regard to the submissions made by the parties and taking into consideration the material on record and the fact that no illicit liquor has been recovered from the conscious possession of the petitioner or from the premises belonging to him, petitioner is in custody since 28.09.2021 and similarly situated co-accused has been granted bail by a Bench of this Court, I am inclined to grant regular bail to the petitioner. Accordingly, let the petitioner, SUNIL RAI @ SUNIL KUMAR be released on bail on furnishing bail bond of Rs. 20,000/- (Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge, Excise Act, Muzaffarpur in connection with Minapur (Meenapur) PS Case No. 114/2021.

(Anil Kumar Sinha, J) perwez U T