Vijay Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.4173 of 2020 Arising Out of PS. Case No.-347 Year-2019 Thana- VAISHALI District- Vaishali ====================================================== VIJAY RAI, Son of Late Charitar Rai, Resident of Hasanpur Dumduma, P.S.- Vaishali, Distt - Vaishali.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Anirudh Kumar Sinha, Adv.

For the Opposite Party/s :

Mr. Abhay Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ADITYA KUMAR TRIVEDI ORAL ORDER 10-06-2020 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor.

Prosecution party had gone to the place of Mintu Rai, son of the petitioner where they found a half constructed house. A Bolero jeep was parked in front of the house. All the family members were absent. When the search was carried out, from the half constructed building 47 cartons each containing 48 bottles, each of 180 ml, 24 bags each containing 48 bottles, each of 180 ml and one plastic bags containing 12 bottles, each of 750 ml were found and accordingly, seized along with the bolero. Consequent thereon, all the family members have been made accused.

From perusal of the written report it is quite evident that police had gone to the house of Mintu Rai, and exclusive

Patna High Court CR. MISC. No.4173 of 2020(2) dt.10-06-2020 2/2 possession of the petitioner/ownership is not at all found duly substantiated.

Consequent thereupon, let the petitioner, Vijay Rai who has clean antecedent, in the event of his arrest of surrender within four weeks from today 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 Additional Sessions Judge-II cum Special Judge, Excise, Vaishali in connection with Vaishali P.S. Case No.347 of 2019; subject to the conditions as laid down under section 438(2) of the Code of Criminal Procedure.

(Aditya Kumar Trivedi, J) skpathak/- U T