Suresh Rai @ Surendra Rai v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.22230 of 2024 Arising Out of PS. Case No.-724 Year-2023 Thana- MAHUA District- Vaishali ====================================================== Suresh Rai @ Surendra Rai S/o Police Rai R/o Village - Piroi, Rusulpur, P.S. - Goraul, Dist. - Vaishali ... ... Petitioner/s
Versus
The State Of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Shivjee Singh For the Opposite Party/s :
Mr.Sanjay Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 20-03-2024 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner is in custody in connection with Mahua P.S Case No. 724 of 2023 registered for the offences punishable under Sections 414, 420/34 of the I.P.C and 30(a), 32(2), 34(2), 41(1) of Bihar Prohibition and Excise Act
3. As per prosecution case, total 4205.52 litre illicit liquor was recovered from the vehicles.
4. Learned counsel for the petitioner submits that petitioner has falsely been implicated in this case. It is further submitted that no incriminating article has been
Patna High Court CR. MISC. No.22230 of 2024(2) dt.20-03-2024 2/2 recovered from the conscious possession of the petitioner. One of the co-accuse has already granted bail by the Coordinate Bench of this Court vide order dated 16.01.2024 passed in Cr. Misc. No. 460 of 2024 It is also submitted that petitioner is in judicial custody since 31.01.2024.
5. However, learned APP for the State oppose the prayer for regular bail of the petitioner.
6. On perusal of the FIR, impugned order and period of custody and also considering the aforesaid facts and circumstances of the case and submissions made on behalf of the petitioner, let the above named petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Excise Court No. II-cum-Additional Sessions Judge, Vaishali at Hajipur in connection with Mahua P.S Case No. 724 of 2023. (Ramesh Chand Malviya, J) Mayank/- U