Mahendra Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.12195 of 2021 Arising Out of PS. Case No.-433 Year-2019 Thana- SARAI District- Vaishali ====================================================== Mahendra Rai male, aged about 48 years, Son of Sonelal Rai Resident of Village - Mahua Singhrai, P.S.- Mahua, Distt.- Vaishali. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Baidya Nath Thakur For the Opposite Party/s :

Mr.Tarkeshwar Nath Thakur ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 28-06-2021 Heard learned counsel for the parties through video conferencing.

The petitioner seeks bail in Sarai P.S. Case No. 433 of 2019, registered for the offence under Section 414 of the I.P.C. and Section 30(a), 35(a) of Bihar Prohibition and Excise Act. As per the prosecution case, 4455 liters of Indian make foreign liquor has been recovered from a truck and the driver of the truck was arrested, who disclosed that the consignment was to be delivered to the FIR named accused persons, which includes petitioner.

It is submitted on behalf of petitioner that nothing has been recovered from conscious possession of the petitioner. The petitioner has got no concern either with the seized liquor or the truck in question, but only on confessional statement of coaccused (driver of the truck), he has been made accused. Petitioner is in custody since 24.09.2020.

Patna High Court CR. MISC. No.12195 of 2021(2) dt.28-06-2021 2/2 Learned A.P.P. for the State has opposed the bail petition.

Considering the nature of allegation and period of custody, the bail petition of petitioner is allowed. Let the above named petitioner be released on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-V cum Special Judge, Excise, Vaishali at Hajipur in connection with Sarai P.S. Case No. 433 of 2019, on the following conditions:

"(1) Petitioner shall cooperate in the trial and shall be properly represented on each and every date fixed by the court below and shall remain physically present, as directed by the court below, and on his absence on two consecutive dates without sufficient reason, his bail-bond shall be cancelled by the court below.

(2) If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail."

(Prabhat Kumar Singh, J.) anay/- U T