Uday Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.8564 of 2022 Arising Out of PS. Case No.-291 Year-2021 Thana- GANGABRIDGE District- Vaishali ====================================================== 1.

UDAY RAI Son of Baleshwar Ray Resident of Village - Diwan Tok, P.s.- Ganga Bridge, Distt.- Vaishali.

2.

Manjesh Rai Son of Amod Ray Resident of Village - Diwan Tok, P.s.- Ganga Bridge, Distt.- Vaishali.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Manoj Kumar, Advocate For the Opposite Party/s :

Mr. Veena Rani Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 13-06-2022 Let the defects, as pointed out by the office, be removed within four weeks of starting of Court proceeding in physical mode in normal course.

Heard learned counsel for the petitioners and learned APP for the State.

Petitioners seek bail in a case registered for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2018.

Recovery is of 425 litres of country made liquor from the tempo.

Learned counsel for the petitioners submit that the petitioner no. 2 has clean antecedents and petitioner no. 1

Patna High Court CR. MISC. No.8564 of 2022(2) dt.13-06-2022 2/3 carries one case. He further submits that it appears from the F.I.R. that nothing has been recovered from the conscious possession of the petitioner rather recovery has been made from the tempo in question and the petitioners have no concern at all with the alleged recovery and the petitioners are passengers of the said tempo and the owner of the tempo is Sabita Kumari. Police after investigation submitted chargesheet against the petitioners and the petitioners are in custody since 31.12.2021. Learned APP for the State has opposed the prayer for bail of the petitioners.

Considering the facts and circumstances of the case, let the petitioners, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Court below where the case is pending in connection with Ganga Bridge P.S. Case No. 291 of 2021, with the following conditions :-

(1) Petitioners shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and shall remain physically present as directed by the Court and on their absence on two consecutive dates without sufficient reason, their bail bonds shall be cancelled by the

Patna High Court CR. MISC. No.8564 of 2022(2) dt.13-06-2022 3/3 Court below.

(2) If the petitioners tamper with the evidence or the witness, in that case, the prosecution will be at liberty to move for cancellation of bail.

(3) And, further condition that the court below shall verify the criminal antecedent of the petitioners and in case at any stage, it is found that the petitioners have concealed their criminal antecedents, the court below shall take step for cancellation of bail bond of the petitioners. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

(Rajesh Kumar Verma, J) Ibrar//- U T