Virendra Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.8357 of 2022 Arising Out of PS. Case No.-37 Year-2021 Thana- MOHAMMADPUR District- Gopalganj ====================================================== Virendra Rai S/O Ochit Rai R/o village- Ghograha, P.S.- Mohammadpur, District- Gopalganj ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Radha Mohan Singh For the Opposite Party/s :

Ms.Indu Kumari Srivastava ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 11-04-2022 Heard learned counsel for the petitioner and learned A.P.P for the State.

The petitioner seeks bail in Mohammadpur P.S. Case No. 37 of 2021, registered for the offence punishable punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2018.

1760 litres of illicit liquor has been recovered from the bank of Gandak river and petitioner is alleged to have been identified by the Chowkidar while fleeing away from the place of recovery.

It is submitted that no recovery has been made from conscious possession of this petitioner. Recovery has been made from open place which is accessible to general public. Petitioner is in custody since 28.12.2021 having no criminal antecedent, as

Patna High Court CR. MISC. No.8357 of 2022(2) dt.11-04-2022 2/2 stated in para 3 of the petition. Investigation is complete. Considering the period of custody coupled with the fact that petitioner bears clean antecedent, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional District & Sessions Judge-cum-Special Judge Excise Court II, Gopalganj in connection with Mohammadpur P.S. Case No. 37 of 2021.

(Prabhat Kumar Singh, J) vinita/- U T