Rijbi Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.28639 of 2022 Arising Out of PS. Case No.-86 Year-2022 Thana- SUPPI District- Sitamarhi ====================================================== Rijbi Kumar Son Of Baijnath Rai @ Baidhyanath Rai Resident Of Village - Ashogi , Ward No05, P.S.- Purnahiya, Distt.- Sheohar. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Pushpendra Kumar Singh, Advocate For the State :

Mr. Chandra Sen Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 01-07-2022 Heard learned counsel for the parties thorough virtual Court proceedings.

Let the defect(s), if any, be removed within a period of four weeks from today.

The petitioner seeks bail in connection with Suppi P.S. Case No. 86 of 2022 registered for the offence under Section 30(A) of the Bihar Prohibition and Excise Act, 2018. The accused/petitioner is named in the F.I.R. and is in custody since 26.03.2022.

The allegation against the petitioner is to have in possession of 116.100 liters of illicit wine. Learned counsel appearing on behalf of the petitioner submitted that nothing surfaced during course of investigation, which may connect the petitioner with the alleged motorcycle

Patna High Court CR. MISC. No.28639 of 2022(2) dt.01-07-2022 2/3 from where alleged illicit wine was recovered. While concluding the argument, it has been submitted that petitioner is a man of clean antecedent and, moreover, chargesheet has already been submitted in this case, as such, there is no chance of tampering with the evidence.

Learned APP appearing on behalf of the State vehemently opposes the prayer for bail of the petitioner. Considering the facts and circumstances as mentioned above, as nothing surfaced during the course of investigation, which may connect the petitioner, who is a man of clean antecedent, with the alleged recovery coupled with the fact that chargesheet has already been submitted in this case, let the petitioner, above named, is directed to be released on bail in connection with Suppi P.S. Case No. 86 of 2022 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Excise Court No.-I, Sitamarhi, subject to the following conditions:

"(i) Accused/Petitioner shall cooperate in the trial and shall be physically present on each and every date before the Trial Court till conclusion of the trial and

Patna High Court CR. MISC. No.28639 of 2022(2) dt.01-07-2022 3/3 exemption from physical appearance be allowed by the Trial Court, only on medical ground of the petitioner, duly supported by the documents.

(ii) That one of the bailors shall be Baijnath Rai, who is the father of the petitioner and deponent of the present bail petition."

(Chandra Shekhar Jha, J) Ankit/- Shashank/- U T