Patna High Court/73278/2022allowed

Ramesh Rai v. The State Of Bihar

2023-01-13Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.73278 of 2022 Arising Out of PS. Case No.-394 Year-2022 Thana- DARIYAPUR District- Saran ====================================================== Ramesh Rai S/O Rajendra Rai R/O Village- Parswana, P.S.- Parsa, DisttSaran At Chapra. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Vijay Kumar For the Opposite Party/s :

Mr. Choubey Jawahar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 13-01-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for regular bail in a case registered for the offence punishable under Section 30 (a) and 30 (d) of the Bihar Prohibition and Excise Act. Prosecution case relates to recovery of 220 liters country made illicit liquor from village Hukraha Chour. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He has falsely been implicated in this present case due to village politics. Petitioner was not arrested on spot rather the name of the petitioner disclosed by the local people. Petitioner has no concern with the alleged recovery of illicit liquor or with the place of occurrence. No any incriminating article has been

Patna High Court CR. MISC. No.73278 of 2022(2) dt.13-01-2023 2/2 recovered from his conscious possession. A statement has been made in para 3 of the petition that petitioner has got no criminal antecedent. Petitioner is languishing in judicial custody since 29.09.2022.

Learned APP appearing for the State has vehemently opposed the prayer of Bail.

Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Dariyapur P.S. Case No 394 of 2022 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional District and Sessions Judge 2nd-cum Ist Exclusive Special Judge Excise Saran at Chapra.

(Sunil Kumar Panwar, J) shubham/- U T