Varun Rai v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.7237 of 2023 Arising Out of PS. Case No.-511 Year-2022 Thana- RIGA District- Sitamarhi ====================================================== VARUN RAI, Male, aged about 26 years, Son of Murli Rai @ Murli Ray R/v- Durga Asthan (Uchaith Asthan), P.S.- Benipatti, District- Madhubani ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 7996 of 2023 Arising Out of PS. Case No.-511 Year-2022 Thana- RIGA District- Sitamarhi ====================================================== VIJAY SHAH @ VIJAY SAHU, male, aged about 43 years, S/o Late Batohi Sahu R/o village- Parsauni, P.S.- Patauna (Bisfi), Distt- Madhubani. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
(In CRIMINAL MISCELLANEOUS No. 7237 of 2023) For the Petitioner/s :
Mr. N. K. Agarwal, Sr. Advoate Mr.Pushpendra Kumar Singh, Advocate Ms. Divya Bharti, Advocate For the Opposite Party/s :
Mr.Sanjay Kumar, App (In CRIMINAL MISCELLANEOUS No. 7996 of 2023) For the Petitioner/s :
Mr. N. K. Agarwal, Sr. Advoate Mr.Pushpendra Kumar Singh, Advocate Ms. Divya Bharti, Advocate For the Opposite Party/s :
Mr.Sanjay Kumar, App ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 04-05-2023 1.Both the criminal miscellaneous petitions have arisen out of the same police station case number, hence they are being heard together and disposed of by a common order.
2. Heard learned senior counsel for the petitioners and the learned APP for the State.
Patna High Court CR. MISC. No.7237 of 2023(3) dt.04-05-2023 2/3
3. Petitioners seek regular bail in connection with Riga P.S. Case No. 511 of 2022 dated 16.11.2022 registered for the offence(s) punishable under Section(s) 414 of the Indian Penal Code and Section 30(a) of Bihar Prohibition and Excise Act.
4. The main submissions advanced by the learned Sr. counsel for the petitioners are that the instant matter relates to the recovery of 31.680 litres of illicit liquor and the same is stated to have been recovered from a car and as per the prosecution's allegation both the petitioners were found in the said car but in actual the petitioners have been made accused mainly on the basis of criminal antecedents, they were not apprehended from the alleged car and they had no connection with the said vehicle also, against the petitioners, investigation has been completed and they have been languishing in jail since 17.11.2022.
5. Learned APP appearing for the State has opposed the bail prayer.
6. Considering the above submissions and mainly the completion of the investigation against the petitioners, their custody period, in the opinion of this Court a lenient approach can be taken in respect of the petitioners' prayer, let the
Patna High Court CR. MISC. No.7237 of 2023(3) dt.04-05-2023 3/3 petitioners be released on bail after framing of charge, if the same has not been framed in connection with Riga P.S. Case No. 511 of 2022 on furnishing bail bonds of Rs.10,000/-(Ten Thousand) each with two sureties of the like amount each to the satisfaction of the Court concerned.
(Shailendra Singh, J) Sanjay/- U T