Vivek Rai @ Tarla @ Vivek Mandal @ Sarla v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.10059 of 2025 Arising Out of PS. Case No.-1 Year-2024 Thana- Marnga District- Purnia ====================================================== Vivek Rai @ Tarla @ Vivek Mandal @ Sarla Son of Mainu Rai @ Mainu Roy Resident of Village - Pakra Ward No.11, P.S. - Naugachhia, District - Bhagalpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Md Fazle Karim, Advocate For the Opposite Party/s :

Ms. Asha Devi, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 14-02-2025 Heard learned counsel for the petitioner and learned APP for the State.

2.

The petitioner seeks bail in connection with Maranga PS Case No. 01 of 2024 instituted for the offences under Section 30(a) of the Bihar Prohibition and Excise Act. 3.

The prosecution case, in short, is that total 536.40 litres of illegal liquor was recovered from Pick-up vehicle bearing Registration No. BR10GC-1576.

4.

Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. No incriminating material has been recovered from the conscious possession of the petitioner. The petitioner has got no concern with the alleged recovery of liquor. It is submitted that petitioner is neither the owner nor the driver of the seized

Patna High Court CR. MISC. No.10059 of 2025(2) dt.14-02-2025 2/2 vehicle. It is further submitted that the name of the petitioner has transpired on the basis of confessional statement of apprehended co-accused persons. The petitioner is in custody since 09.10.2024 and has got one criminal antecedent in which he is on bail. There is no compliance of Section 103 of B.N.S.S. 5.

Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner. 6.

Considering the aforesaid facts and circumstances of the case and the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner. 7.

Let the petitioner 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 Court below/concerned Court in connection with Maranga PS Case No. 01 of 2024.

(Rudra Prakash Mishra, J) Raj Ranjan/- U T