Vijay Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.8307 of 2022 Arising Out of PS. Case No.-208 Year-2021 Thana- MOTIPUR District- Muzaffarpur ====================================================== Vijay Rai Son Of Late Suresh Rai Resident Of Village - Chakki Rasulaganj, P.S.- Motipur, Distt.- Muzaffarpur.

... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr. Nilesh Kumar For the Opposite Party/s :

Mr. Anil Kumar Singh No. 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 09-03-2022 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in connection with Motipur P. S. Case No.208 of 2021, instituted for the offences under Sections 272, 273 of the Indian Penal Code and Sections 30(a), 41(1)(2) of the Excise Act.

The learned counsel for the petitioner submits that the petitioner is in custody since 03.12.2021, he is a person with clean antecedent and charge-sheet has been submitted in the case.

Allegation is of recovery of 1400 litre of liquor from embankment of a river.

The learned counsel for the petitioner submits that petitioner was not arrested from the spot. The learned counsel

Patna High Court CR. MISC. No.8307 of 2022(2) dt.09-03-2022 2/2 submits that the informant claimed to have identified the petitioner while he was fleeing. It is submitted that with a view to falsely implicate, the informant has falsely alleged that the petitioner was seen fleeing from the place of occurrence. The learned A.P.P. for the State opposes the bail application.

Considering the fact that the petitioner is in custody, he is a person with clean antecedent and charge-sheet has been submitted in the case, the petitioner, above-named, is directed to be released on bail on his furnishing bail-bonds in the sum of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge, Excise Court No.II, Muzaffarpur in connection with Motipur P. S. Case No.208 of 2021.

The application stands allowed.

(Satyavrat Verma, J) vikash/- U T