Virendra Rai @ Birendra Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.27634 of 2021 Arising Out of PS. Case No.-6 Year-2021 Thana- ITARHI District- Buxar ====================================================== Virendra Rai @ Birendra Rai Son of Bihari Rai Resident of Village - Chilahari, P.S.- Dumraon, Dist.- Buxar, Bihar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 30-11-2021 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks regular bail in connection with Itarhi P.S. Case No. 06 of 2021 dated 06.01.2021 instituted for the offences under Section 30(a) of the Bihar Prohibition and Excise Act, 2016 read with Section 120(B) of the Indian Penal Code.

Learned counsel for the petitioner submits that the petitioner is in custody since 09.02.2021 and charge-sheet has been submitted in the case.

Learned counsel for the petitioner submits that allegation is of recovery of 270 litres of spirit from a Maruti Swift car. It is further submitted that the petitioner is not named in the F.I.R. and his name transpired in the confessional

Patna High Court CR. MISC. No.27634 of 2021(3) dt.30-11-2021 2/2 statement of co-accused Ritesh Gupta.

Learned A.P.P. for the State vehemently opposes the prayer for regular bail of the petitioner.

Considering the fact that the petitioner is in custody since 09.02.2021 and charge-sheet has been submitted in the case, let the petitioner above named be released on bail on furnishing bail bond of Rs. 5,000/- (Rupees Five Thousand only) with two sureties of the like amount each to the satisfaction of learned 2nd Additional District and Sessions Judge-cum-Special Judge, Excise, Buxar in connection with Itarhi P.S. Case No. 06 of 2021 subject to the condition as laid down under Section 437 (3) Cr.P.C.

(Satyavrat Verma, J) Rishi/- U T