Munna Kumar Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.66746 of 2019 Arising Out of PS. Case No.-228 Year-2019 Thana- KUCHAIKOTE District- Gopalganj ====================================================== MUNNA KUMAR RAI, aged about 45 years (Male), Son of Nageswar Rai, Resident of Village - Siswa, P.S.- Bisambharpur, District- Gopalganj. ... ... Petitioner

Versus

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

For the Petitioner :

Mr.Prabhakar Singh, Advocate.

For the Opposite Party :

Mr.Ansar Ul Haque, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 14-11-2019 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner seeks bail in a case for the offence registered under Sections 406, 409, 420, 120(B) of the IPC, 30(a), 41(i) and 48 of the Bihar Prohibition and Excise (Amendment) Act, 2018.

The prosecution story, in brief, is that the petitioner being the Chaukidar of Kuchaikote Police Station and others stolen the wine from the containers which were kept in the premises of the said police station.

It has been submitted by learned counsel for the petitioner that the petitioner is languishing in custody since 09.08.2019. The petitioner has got no criminal antecedent. The petitioner has falsely been implicated in the present case.

Patna High Court CR. MISC. No.66746 of 2019(2) dt.14-11-2019 2/2 Charge sheet has been submitted in the present case. There is no allegation of tampering with the witnesses alleged against the petitioner. The petitioner is said to be the Chaukidar of the concern police station. There was shortage of seized liquor at the police station. For the said reason, the present case has been instituted against all concerned persons posted in the concerned police station. The petitioner has got no concern with the alleged incident.

On behalf of the State, it is submitted that the petitioner is named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioner above named, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned A.D.J.-IIcum-Special Judge, Excise Act, Gopalganj, in connection with Kuchaikote P.S. Case No. 228 of 2019.

(Sudhir Singh, J) U.K./- U T