Vijay Kumar Rai @ Vijay Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.9872 of 2022 Arising Out of PS. Case No.-984 Year-2021 Thana- HAJIPUR SADAR District- Vaishali ====================================================== Vijay Kumar Rai @ Vijay Kumar Son of Ramalalit Ray @ Lalit Ray Resident of Village- Akilabad, P.S.- Hajipur Sadar, District- Vaishali. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Bandana Singh For the Opposite Party/s :

Mr. Rana Randhir Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 09-06-2022 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 two weeks of the complete start of the physical Court in normal course. The petitioner seeks bail in connection with Hajipur Sadar P.S. Case No. 984 of 2021 registered for the offence under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2018.

The accused/petitioner is named in the F.I.R. and is in custody since 08.11.2021.

The allegation against the petitioner is to run away from the manufacturing site of illicit country made liquor on police raid.

Learned counsel appearing on behalf of the petitioner

Patna High Court CR. MISC. No.9872 of 2022(2) dt.09-06-2022 2/3 submitted that nothing incriminating has been recovered from the conscious possession of the petitioner and there is nothing on record which may suggest the involvement of petitioner in the present case. It has also been submitted that petitioner is on bail in all three cases which is mentioned in paragraph no. 3 of the bail petition.

Learned APP appearing on behalf of the State while opposing the prayer for bail fairly conceded that nothing incriminating has been recovered from the conscious possession of the petitioner.

Considering the facts and circumstances as mentioned above, as there is nothing on record which may suggest the involvement of petitioner in illicit manufacturing of country made liquor, let the petitioner, above named, is directed to be released on bail in connection with Hajipur Sadar P.S. Case No. 984 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 Court No.1-cumAdditional District and Sessions Judge, Vaishali at Hajipur, subject to the following conditions:

"(i) That accused/petitioner shall not involve in the similar nature of offence

Patna High Court CR. MISC. No.9872 of 2022(2) dt.09-06-2022 3/3 till the conclusion of trial, failing the State shall be at liberty to move before the Trial Court itself for the cancellation of bail bond of the petitioner.

(ii) Accused/Petitioner shall cooperate in the trial and shall be properly represented 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 duly supported by the documents.

(iii) That one of the bailors shall be the close relative of the accused/ petitioner like mother/father/sister/brother."

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