Patna High CourtCR. MISC./31148/2021bail granted

Vijay Rai v. The State Of Bihar

2021-11-25Mr. Justice Satyavrat Verma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.31148 of 2021 Arising Out of PS. Case No.-188 Year-2020 Thana- NAYAGAON District- Saran ====================================================== Vijay Rai S/O Mahesh Rai R/O Village-Bariyarchak, P.S-Naya Gaon, DistrictSaran At Chapra. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Shakil Ahmad Khan, Advocate For the Opposite Party/s :

Mr. Zainul Abedin, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 25-11-2021 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks regular bail in connection with Naya Gaon P.S. Case No. 188 of 2020 instituted for the offences under Sections 30, 38, 41 and 37(b) of the Bihar Prohibition and Excise Act.

Learned counsel for the petitioner submits that the petitioner is in custody since 01.01.2021, charge-sheet has been submitted in the case and is a person with clean antecedent. Learned counsel for the petitioner submits that allegation is of recovery of 160 litres of country-made liquor from a Vikram tempo which does not belong to this petitioner and he was merely a passenger in the said tempo. Learned A.P.P. for the State vehemently opposes the

Patna High Court CR. MISC. No.31148 of 2021(2) dt.25-11-2021 2/2 prayer for regular bail of the petitioner.

Considering the fact that the petitioner is in custody since 01.01.2021, charge-sheet has been submitted in the case and the petitioner is a person with clean antecedent, 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 Additional District and Sessions Judge-II-cum-Special Judge (Excise Act), Saran at Chhapra in connection with Naya Gaon P.S. Case No. 188 of 2020 subject to the condition as laid down under Section 437 (3) Cr.P.C.

(Satyavrat Verma, J) Rishi/- U T