Vijay Kumar @ Vijay Ray v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.3954 of 2023 Arising Out of PS. Case No.-358 Year-2022 Thana- SARAI RANJAN District- Samastipur ====================================================== Vijay Kumar @ Vijay Ray S/O Devendra Ray R/O Village- Dharmagatpur Bathua, P.S.- Pusa, Distt- Samastipur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Anshu Dhar Sharma, Advocate For the Opposite Party/s :

Mr.Ajit Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 04-04-2023 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 420, 467, 468, 471,/34 of the IPC and u/s 30(a), 32, 36, 41 of the Bihar Prohibition and Excise Amendment Act, 2022.

As per prosecution case, informant alleged that after getting a secret information he along with police party apprehended 15 persons along with this petitioner and recovered total 2611.8 liters IMFL of different brand from the two vehicles i.e. Baleno car and Truck.

Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case merely on the basis of

Patna High Court CR. MISC. No.3954 of 2023(2) dt.04-04-2023 2/2 suspicion. Nothing incriminating article has been recovered from his possession nor from his house. Petitioner is neither owner nor driver of the car which was seized during the alleged occurrence, he had only taken lift while he was returning from a marriage ceremony. There is no direct and indirect evidence found against the petitioner. It is further submitted that the petitioner is languishing in judicial custody since 04.12.2022. Learned APP appearing for the state has opposed the prayer of regular bail.

Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as judicial custody, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Sarairanjan P.S. Case No. 358 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 Court No.-2, Samastipur. (Sunil Kumar Panwar, J) Manish/- U T