Santosh Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.73279 of 2022 Arising Out of PS. Case No.-103 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 ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Amrit Abhijat For the Opposite Party/s :

Mr. Parmanand Prasad ====================================================== 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) of the Bihar Prohibition and Excise Act.

Prosecution case relates to recovery of 2332.98 liters country made illicit liquor from dirt road (Kachchi Sadak). 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. He 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.73279 of 2022(2) dt.13-01-2023 2/2 recovered from his conscious possession or from his house. The petitioner is languishing in judicial custody since 27.06.2022. 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 Nanpur P.S. Case No 103 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 Exclusive Special Excise Court-II, Sitamarhi.

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