Devendra Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.14149 of 2022 Arising Out of PS. Case No.-451 Year-2021 Thana- MINAPUR District- Muzaffarpur ====================================================== Devendra Rai Son Of Late Mahesh Rai Resident of Village - Raghopur, P.s.- Minapur, Distt.- Muzaffarpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Chandra Shekhar Anand, Advocat For the Opposite Party/s :

Mr. Anand Kishore Choudhary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER 08-07-2022 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State through video conferencing.

Petitioner seeks bail in a case registered in connection with Minapur P.S.Case No.451 of 2021 for the offences punishable under Sections 272, 273 of the Indian Penal Code and SEction 30(a) of the Bihar Prohibition & Excise Act 2018.

As per the prosecution case, it is alleged that the police raided the house of the petitioner and from where 25 liters spirit has been recovered.

It is submitted by the learned counsel for the petitioner that house from where the recovery has been

Patna High Court CR. MISC. No.14149 of 2022(2) dt.08-07-2022 2/3 made is a joint family house and as such no recovery has been made from conscious possession of the petitioner. It is further submitted that this petitioner is in custody since 29.11.2021 having no criminal antecedent and moreover, investigation has already been completed and charge sheet has been submitted.

On the other hand, learned counsel for the State opposed the bail application of the petitioner. Having heard the rival contentions of the parties and taking into consideration the fact that recovery has been made from the house, which is said to be joint family house, apart from the fact that petitioner is in custody since 29.11.2021,having clean antecedent, moreover, investigation has already been completed and charge sheet has been submitted, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs. 20,000/- (Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Excise Court-I, Muzaffarpur in connection with Minapur P.S.Case No. 451 of 2021 subject to the condition that one of the bailors will be the close relatives of the petitioner with

Patna High Court CR. MISC. No.14149 of 2022(2) dt.08-07-2022 3/3 further conditions which are as follows:- (i) The petitioner will cooperate in conclusion of the trial.

(ii) He will remain present on each and every date of trial till disposal of the case.

(iii) He will not try to tamper with the evidence or intimidate the witnesses to delay the disposal of trial. (iv) In the event of default of two consecutive dates without any cogent reason, his bail bonds will liable to be cancelled.

(Harish Kumar, J) N.K/- U T