Patna High CourtCR. MISC./71356/2023bail granted

Abhishek Kumar Rai @ Babua Rai v. The State Of Bihar

2023-11-07Mr. Justice Purnendu Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.71356 of 2023 Arising Out of PS. Case No.-308 Year-2023 Thana- RAJPUR District- Buxar ====================================================== ABHISHEK KUMAR RAI @ BABUA RAI, aged about 29 years (M), SON OF MITHLESH RAI, R/O VILLAGE - DEHARI, P.S.- RAJPUR, DISTRICT- BUXAR ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Dr. Kamal Deo Sharma, Advocate For the Opposite Party/s :

Mr. Sanjay Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 07-11-2023 Heard Mr. (Dr.) Kamal Deo Sharma, learned counsel appearing on behalf of the petitioner and Mr. Sanjay Kumar Pandey, learned APP for the State.

2. The petitioner seeks pre-arrest bail in connection with Rajpur P.S. Case No. 308 of 2023 dated 25.08.2023 registered for the offence(s) punishable under Section 30(a) of the Bihar Prohibition and Excise Act

3. As per the allegation made in the FIR, 6 litres of country made illicit liquor was recovered from the Dalan of the petitioner.

4. Learned counsel appearing on behalf of the petitioner submitted that petitioner is innocent and has been falsely implicated in this case due to suspicion. It is further

Patna High Court CR. MISC. No.71356 of 2023(2) dt.07-11-2023 2/3 submitted that no incriminating article has been recovered from the conscious possession of the petitioner and the alleged recovery of liquor was made from the open Dalan of the joint family of the petitioner, which is accessible to anyone.

5. Learned APP for the State vehemently opposed the prayer for grant of pre-arrest bail.

6. Considering the nature of allegation and also the fact that recovery of illicit liquor has been made from the open Dalan of the joint family of the petitioner, which is accessible to anyone, I am of the opinion that petitioner has, prima facie, made out a case to be released on pre-arrest bail.

7. The petitioner, above named, is directed to be released on pre-arrest bail, in the event of his arrest or surrender before the Court below within a period of four weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Judge, Excise Court No.1, Buxar in connection with Rajpur P.S. Case No. 308 of 2023, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

8. The court below is directed to verify the criminal antecedent of the petitioner and if it is found that the petitioner

Patna High Court CR. MISC. No.71356 of 2023(2) dt.07-11-2023 3/3 is involved in some other cases, as what has been stated in paragraph no.3 of the bail application, this order will automatically lose its force.

(Purnendu Singh, J) Sanjay/- U T