Bipindra Rai @ Vipindra Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.13699 of 2023 Arising Out of PS. Case No.-4 Year-2023 Thana- GOPALPUR District- Gopalganj ====================================================== 1.

BIPINDRA RAI @ VIPINDRA RAI Son of Achchhelal Ray Resident of Village- Hardiya, P.S.- Kundwachainpur, District- East Champaran (Motihari) 2.

APPU KUMAR YADAV Son of Jagarnath Ray Resident of VillageSapgarha, P.S.- Chiraiya, District- East Champaran (Motihari) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Abhishek Kumar For the Opposite Party/s :

Mr.Humayou Ahmad Khan ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 24-03-2023 Heard the learned counsel for the petitioners and learned APP for the State.

This is an application for regular bail on behalf of the petitioners for the offences alleged under Section 30(a) of the Bihar Prohibition and Excise Act, registered in connection with Gopalpur P S.Case No. 04 of 2023.

As per allegation, the petitioners were present in the vehicle, wherefrom 151 litres of liquor was recovered. The learned counsel for the petitioners has submitted that the petitioners are innocent. They are neither the owner, nor the driver of the vehicle and are the persons of clean antecedents. They are in custody since 07.01.2023.

Patna High Court CR. MISC. No.13699 of 2023(2) dt.24-03-2023 2/2 Considering the above facts and circumstances, let the petitioners, above-named, be released on bail on furnishing bail bond of Rs. 10,000/-(ten thousand) each, with two sureties of the like amount each, to the satisfaction of learned 4th Additional Sessions Judge-cum-Exclusive Special Excise CourtII, Gopalganj in connection with Gopalpur P.S.Case No. 04 of 2023, subject to the following conditions:-

1. The petitioners shall cooperate in the disposal of trial and make available as and when required by the court.

2. If the petitioners are found involved in future in the similar type of offence, the prosecution will have liberty to file an application before the court below for cancellation of bail of the petitioners and the learned court below will take decision in accordance with law.

(Nawneet Kumar Pandey, J) HR/- U T