Allowed

Kameshwar Rai @ Kameshwar Ray v. the State of Bihar

Patna HC22 Apr 2022CR. MISC./52183/2021

Case brief

AI extract

What is this about?

The Patna High Court granted regular bail to the petitioner, who was accused of selling illicit liquor. The court noted the petitioner had no criminal record, was in custody for over seven months, and the charge sheet was submitted, finding no likelihood of absconding or evidence tampering.

What did the court decide?

Petitioner to be released on regular bail on furnishing bail bonds of Rs.20,000/- with two sureties of the like amount each.

Kameshwar Rai @ Kameshwar Ray Vs the State of Bihar — Corruption | Patna HC (2022)

¶1

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.52183 of 2021

¶2

Arising Out of PS. Case No.-179 Year-2021 Thana- AMNAUR District- Saran

¶3

======================================================

¶4

KAMESHWAR RAI @ KAMESHWAR RAY S/O LATE RAMDATT RAI R/o village- Bishunpur Piprahi, P.S.- Amnour, District- Saran

¶5

... ... Petitioner/s

¶6

Versus

¶7

THE STATE OF BIHAR Bihar

¶8

... ... Opposite Party/s

¶9

====================================================== Appearance : For the Petitioner/s : Mr. Harish Kumar, Advocate For the Opposite Party/s : Ms. Asha Devi, A.P.P. ======================================================

¶10

CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER

¶11

2 22-04-2022

¶12

Heard learned counsel for the petitioner and

¶13

learned Additional Public Prosecutor appearing for the State through video conferencing.

¶14

Petitioner seeks regular bail in connection with Amnour P.S. Case No. 179/2021 registered for the offences punishable under Sections 272, 273, 34 of the Indian Penal Code 1860 and Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

¶15

The allegation, as per the First Information Report, is that the Police got information that some persons were indulged in selling illicit liquor, proceeded towards the place of occurrence and upon seeing the Police Party three persons started fleeing away. However, the petitioner was

¶16

Patna High Court CR. MISC. No.52183 of 2021(2) dt.22-04-2022 2/3

¶17

arrested and two persons succeeded in fleeing away. On search, a total quantity of 79.800 litres of illicit country made liquor was recovered from possession of the petitioner.

¶18

Learned counsel for the petitioner submits that the petitioner has got no criminal antecedent and he has falsely been implicated in this case with oblique motive. He further submits that from perusal of the seizure list, it would be evident that place of recovery of illicit liquor is from the village road situated near the canal and not from the conscious possession of the petitioner. The petitioner is in custody since 19.7.2021 and charge sheet has already been submitted.

¶19

Regards being had to the submission made by the parties and taking into consideration the materials on record, the fact that the petitioner has got no criminal antecedent, he is in custody since 19.7.2021, charge sheet has already been submitted and there is no likelihood that the petitioner will abscond or tamper with the evidence, I am inclined to grant regular bail to the petitioner.

¶20

Accordingly, let the petitioner, above named, be

¶21

Patna High Court CR. MISC. No.52183 of 2021(2) dt.22-04-2022 3/3

¶22

released on regular bail on furnishing bail bonds of Rs.20,000/- (Twenty thousand) with two sureties of the like amount each to the satisfaction of learned 2^nd Additional Sessions Judge-cum-Special Judge, Excise, Saran, in connection with Amnour P.S. Case No. 179 of 2021.

¶23

(Anil Kumar Sinha, J)

¶24

S.Ali/-

¶25

U T

Kameshwar Rai @ Kameshwar Ray v. the State of Bihar

Case brief

What is this about?

What did the court decide?

Kameshwar Rai @ Kameshwar Ray v. the State of Bihar

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Ramdeo Yadav Vs The State of Bihar

Dashrath Prasad Vs the State of Bihar

Ashok Sinha @ Ashok Kumar Sinha Vs the State of Bihar

Sukan Yadav @ Rajendra Yadav Vs The State of Bihar

Surendra Singh @ Supari Singh Vs The State of Bihar

Sunar Chaudhary @ Sunar Yadav Vs The State of Bihar