Bhola Rai @ Bhola Ray v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.69108 of 2022 Arising Out of PS. Case No.-162 Year-2021 Thana- BHELDI District- Saran ====================================================== Bhola Rai @ Bhola Ray S/O Late Basudeo Rai R/O Village- Motipur, P.SMotipur, Disrict- Muzaffarpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Abhishek Kumar For the Opposite Party/s :

Mr.Md. Nazir Ansari ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 06-01-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is languishing in custody in a case registered for the offences punishable under Sections 413, 414, 34 of the Indian Penal Code and Sections 30(a), 36, 41(i) of the Bihar Prohibition & Excise Act.

There is recovery of 4800 litres of sprit from the truck.

It is submitted by learned counsel for the petitioner that nothing incriminating has been recovered from the conscious possession of the petitioner. The

Patna High Court CR. MISC. No.69108 of 2022(2) dt.06-01-2023 2/2 petitioner is neither owner nor driver of the seized vehicle. The petitioner has no concern with the recovery of seized illicit liquor. The name of the petitioner sprang up on the confessional statement of apprehended accused persons. The petitioner is languishing in custody since 23.07.2022.

In the facts and circumstance of the case, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs. 10,000/-(Ten Thousands) with two sureties of the like amount each to the satisfaction of learned 2nd Additional Sessions Judgecum-Special Excise Court No. 1, Saran, Chapra in connection with Bheldi P.S. Case No. 162 of 2021. (Sunil Kumar Panwar, J) Shageer/- U T