Sunil Rai v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.74273 of 2024 Arising Out of PS. Case No.-361 Year-2020 Thana- TARAIYA District- Saran ====================================================== Sunil Rai Son of Mohan Ray R/O Vill.- Bhalua Nakta, Bhikhari, Taraiya, P.S.- Taraiya, Dist.- Saran.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Alok Kumar Alok, Advocate For the State :
Mr.Suresh Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 29-11-2024 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner seeks bail in connection with Taraiya P.S. Case No. 361 of 2020 registered for the offence punishable under Sections 272 and 273 of the Indian Penal Code and Section 30(a) of the Bihar Prohibition and Excise Act.
3. The recovery is of around 35 litres of country made liquor from the petitioner.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. Nothing has been recovered from the conscious
Patna High Court CR. MISC. No.74273 of 2024(2) dt.29-11-2024 2/3 possession of the petitioner. The petitioner is in jail since 29.07.2024.
5. Learned counsel for the petitioner further submits that the petitioner is ready to donate Rs. 10,000/- (Rupees Ten Thousand Only) in some charitable organization without accepting his guilt.
6. Learned APP appearing for the State opposes the prayer for regular bail of the petitioner.
7. Considering the aforesaid facts and circumstances of the case and submissions of learned counsel for the parties, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned 3rd Exclusive Special Excise Court, Saran at Chapra in connection with Taraiya P.S. Case No. 361 of 2020.
8. As a condition of the order, the petitioner will mark attendance in Taraiya Police Station, District-Saran on first and third Sunday of each month. Any default in appearance at the Police Station would be result in cancellation of bail bonds of the petitioner.
9. This is also subject to the condition that the petitioner shall deposit an amount of Rs. 10,000/- (Rupees Ten
Patna High Court CR. MISC. No.74273 of 2024(2) dt.29-11-2024 3/3 Thousand Only) in Ramakrishna Mission Ashrama, Chapra and produce the receipt of the same before the Court below. The bail bonds of the petitioner shall be accepted after verifying the genuineness of the receipt produced by the petitioner. (Sandeep Kumar, J) P. Kumar U T