Manoj Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.34287 of 2021 Arising Out of PS. Case No.-372 Year-2018 Thana- GORAUL District- Vaishali ====================================================== MANOJ RAI Son of Dasai Rai Resident of Village - Mandai Dih, P.S.- Patepur, Dist.- Vaishali.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Nityanand For the Opposite Party/s :

APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 03-01-2022 Heard learned counsel for the parties.

Petitioner seeks regular bail in connection with Goraul (Katahara O.P.) P.S. Case No. 372 of 2018 registered for the offence under Section 414 of the I.P.C. and Section 30(a), 32 (ii) of the Bihar Prohibition and Excise Act, 2018. The prosecution story in brief is that a Pick- Up Van and a motorcycle was intercepted by the Police and the persons who were driving the vehicles succeeded in fleeing away, however, a total quantity of 619.2 liters of illicit foreign liquor was recovered from the said vehicles.

Learned counsel for the petitioner submits that petitioner has been made accused in this case mainly on the basis of a forged sale letter produced by the registered owner of the vehicle namely, Suresh Rai stating that the vehicle i.e. PickUp Van was purchased by the petitioner. Learned counsel next submits that petitioner is not the owner of the Pick- Up Van from where the illicit liquor has been recovered. He further

Patna High Court CR. MISC. No.34287 of 2021(2) dt.03-01-2022 2/2 submits that petitioner is in custody since 01/02/2021, charge sheet has already been submitted and no illicit liquor has been recovered from his conscious possession and / or vehicle belonging to him.

Regard being had to the submissions made by the parties and taking into consideration the materials available on record, the fact that petitioner is in custody since 01-02-2021, charge sheet has already been submitted and there is no likelihood that the petitioner will abscond or tamper with the evidence, I am inclined to grant regular bail to the petitioner. Accordingly, let the petitioner, above named, be released on regular bail on furnishing bail bond of Rs. 20000/- (twenty thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge -II-cumExcise Court, Vaishali at Hajipur in connection with Goraul (Katahara O.P.) P.S. Case No. 372 of 2018.

(Anil Kumar Sinha, J) praful/- U T