Santosh Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.9862 of 2022 Arising Out of PS. Case No.-853 Year-2021 Thana- HAJIPUR SADAR District- Vaishali ====================================================== Santosh Rai Son of Rajnath Rai Resident of Village - Dewantok, P.s.- Gangabridge, Distt.- Vaishali.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Usha Kumari Singh For the Opposite Party/s :

Mr. Pushpa Sinha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 24-06-2022 Heard learned counsel appearing on behalf of the petitioner and learned counsel appearing on behalf of the State. Let the defect(s), if any, be removed within a period of four weeks from today.

The petitioner seeks bail in connection with Hajipur Sadar P.S. Case No. 853 of 2021 registered for the offence under Sections 30(a) and 37(c) of Bihar Prohibition and Excise Act. The accused/petitioner is named in the F.I.R. and is in custody since 17.10.2021.

The allegation against the petitioner is to involve in illegal business of country made liquor.

Learned counsel appearing on behalf of the petitioner submitted that the name of the petitioner surfaced on the basis of confessional statement of co-accused persons and the

Patna High Court CR. MISC. No.9862 of 2022(2) dt.24-06-2022 2/3 recovery has not been made from the conscious physical possession of the petitioner. It has further been submitted that petitioner is a man of clean antecedent and moreover, chargesheet has already been submitted in this case, as such there is no chance of tampering with the evidence. Learned APP appearing on behalf of the State while opposing the prayer of bail fairly conceded that the recovery has not been made from the conscious physical possession of the petitioner.

Considering the facts and circumstances as mentioned above, as the recovery has not been made from the conscious physical possession of the petitioner, who is a man of clean antecedent coupled with the fact that chargesheet has already been submitted in this case, let the petitioner, above named, is directed to be released on bail in connection with Hajipur Sadar P.S. Case No. 853 of 2021 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Excise Court no.1-cum-Additional District and Sessions Judge, Vaishali at Hajipur, subject to the following conditions: "(i) Accused/Petitioner shall cooperate in the trial and shall be physically

Patna High Court CR. MISC. No.9862 of 2022(2) dt.24-06-2022 3/3 present on each and every date before the Trial Court till conclusion of the trial and exemption from physical appearance be allowed by the Trial Court, only on medical ground of the petitioner duly supported by the documents.

(ii) That one of the bailors shall be Rajanath Ray, who is the father of the petitioner and deponent of the present bail petition."

(Chandra Shekhar Jha, J) Ankit/- U T