Sanjay Rai @ Sanjay Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.73679 of 2022 Arising Out of PS. Case No.-603 Year-2022 Thana- FATUA District- Patna ====================================================== Sanjay Rai @ Sanjay Prasad Son Of Late Devnandan Rai R/O Maksudpur, P.S.- Fathua, District- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Manoj Kumar Pandey For the Opposite Party/s :

Mr. Jagdhar 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 100 liters country made illicit liquor from the house of the co-accused Chandan Kumar.

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. He has no concern with the alleged recovery of illicit liquor or with the place of occurrence. Nothing incriminating article has been recovered either from his conscious possession or from his

Patna High Court CR. MISC. No.73679 of 2022(2) dt.13-01-2023 2/2 house, rather the recovery is from joint house. The petitioner is languishing in judicial custody since 22.08.2022. 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 Fathua P.S. Case No 603 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 Special Judge Excise, Patna City, District- Patna.

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