Vinay Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.35257 of 2021 Arising Out of PS. Case No.-18 Year-2021 Thana- GOVERNMENT OFFICIAL COMP. District- Muzaffarpur ====================================================== Vinay Rai Son of Prahlad Ray Resident of Village- Sihoriya, Ward No.3, P.S.- Marhowrah, District- Saran at Chapra.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Dewendra Narayan Singh For the Opposite Party/s :

Mr.Pramod Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 08-12-2021 Heard learned counsel for the petitioner and learned A.P.P for the State.

The petitioner seeks bail in Excise Case No. 18 of 2021, registered for the offence punishable punishable under Section 30(a), 32(3)of the Bihar Prohibition and Excise Act. 5346 litres of foreign liquor has been recovered from a truck of which this petitioner was driver.

It is submitted that no recovery has been made from conscious possession of this petitioner. Petitioner was simply driving the vehicle and was not aware about the nature of consignment which was being transported by the vehicle in question. Petitioner is in custody since 10.01.2021 having no criminal antecedent, as stated in para 3 of the petition.

Patna High Court CR. MISC. No.35257 of 2021(2) dt.08-12-2021 2/2 Investigation is complete.

Considering the period of custody coupled with the fact that petitioner bears clean antecedent, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Special Judge Excise, Muzaffarpur in connection with Excise Case No. 18 of 2021.

(Prabhat Kumar Singh, J) vinita/- U T