Patna High CourtCR. MISC./32884/2023bail granted

Vinod Rai v. The State Of Bihar

2023-05-24Mr. Justice Chandra Prakash Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No 32884 of 2023 Arising Out of PS. Case No.-212 Year-2023 Thana- MOHANIYA District- Kaimur (Bhabua) ====================================================== VINOD RAI Son of Late Dinanath Rai Resident of Village - Ara Jamira, P.S. - Ara Mufasil, Distt. - Bhojpur ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr Sarfraz Ahmad, Advocate For the Opposite Party/s :

Mr Akshay Lal Pandit, APP ====================================================== CORAM: HONOURABLE MR JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 24-05-2023 Learned counsel for the petitioner is permitted to remove defect (s), as pointed out by the office, if any, within a period of four weeks on resumption of physical mode. Heard learned counsel for the petitioner and learned Additional Public Prosecutor (for brevity, APP) appearing for the State of Bihar.

The petitioner has preferred this application for grant of regular bail in connection with Mohania Police Station (for brevity, PS) Case No 212 of 2023 dated 23.03.2023 registered for the offence punishable under Section 414 of the Indian Penal Code and Sections 30 (a), 47 of the Bihar Prohibition and Excise (Amendment) Act, 2018.

As per prosecution case, total 117 litres of illicit

Patna High Court CR. MISC. No.32884 of 2023(2) dt.24-05-2023 2/2 liquor was recovered from the car which was being driven by the petitioner.

Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. The petitioner has no criminal antecedent, as stated in paragraph 3 of the bail petition. The petitioner is in judicial custody since 24.03.2023.

Learned APP has vehemently opposed the bail petition of the petitioner.

Considering the aforesaid facts and circumstances of the case, the period of custody as well as the nature of allegation against the petitioner, the petitioner above named is directed to be released on bail on his furnishing bonds of Rs 20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of Additional Sessions Judge IV -cumSpecial Judge, Excise, Kaimur at Bhabhua in Mohania PS Case No 212 of 2023 dated 23.03.2023.

This application stands allowed.

(Chandra Prakash Singh, J) M.E.H./- U T