Santosh Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.71912 of 2022 Arising Out of PS. Case No.-205 Year-2022 Thana- NAANPUR District- Sitamarhi ====================================================== SANTOSH RAI Son of Sri Ramdeo Rai @ Ram Dev Ray Resident of villageKurhar (Chikwatola), Ward No.-4, P.O.- Dhadhi, P.S.- Nanpur, DistrictSitamarhi, Bihar- 843333 ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Amrit Abhijat, Adv.

For the Opposite Party/s :

Mr.Damodar Prasad Tiwary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 09-02-2023 Heard the learned counsel for the petitioner and the learned APP for the State.

The petitioner seeks regular bail in connection with Nanpur P.S. Case No. 205 of 2022, registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act.

The allegation is regarding recovery of 51.300 liters of illicit liquor from a hut, stated to be belonging to the petitioner.

The learned counsel for the petitioner has submitted that the petitioner is innocent, he has been falsely implicated in the present case and

Patna High Court CR. MISC. No.71912 of 2022(2) dt.09-02-2023 2/3 he is languishing in custody since 12.9.2022. The learned counsel for the petitioner has further submitted by referring to paragraph no. 8 of the present petition that the hut in question does not belong to the petitioner and the petitioner has been falsely implicated in the present case merely because he is an accused in three other cases, although he is on bail in all the said three cases. It is further submitted that no illicit liquor has been recovered from the conscious possession of the petitioner.

Per contra, the learned APP for the State has vehemently opposed the prayer for bail.

Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the petitioner and taking into account the materials available on record as also considering the fact that neither any illicit liquor has been recovered from the conscious possession of the petitioner nor the hut in question is stated to be belonging to the petitioner, I deem it fit and proper to

Patna High Court CR. MISC. No.71912 of 2022(2) dt.09-02-2023 3/3 direct for release of the petitioner on regular bail.

Accordingly, the above named petitioner is directed to be enlarged on bail on furnishing bail bonds of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Excise Court-II, Sitamarhi in connection with Nanpur P.S. Case No. 205 of 2022.

(Mohit Kumar Shah, J) Ajay/- U T