Sanjeev Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.40455 of 2021 Arising Out of PS. Case No.-309 Year-2019 Thana- LALGANJ District- Vaishali ====================================================== SANJEEV RAI, Son of Jiyalal Rai @ Jiya Lal Yadav, Resident of VillageMahamadpur, P.S.- Paroo, District- Muzaffarpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mrs.Bela Singh, Adv.

For the Opposite Party/s :

Mrs.Nirmala Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 08-10-2021 Heard learned counsel for the petitioner and learned APP for the State.

Learned counsel for the petitioner undertakes to remove the defects as pointed out by the office within four weeks of normal functioning of the court, failing which the office is directed to place the matter before the Bench. The petitioner seeks bail in a case registered for the offence punishable under Sections 30 (a), 32(2), 41(I) of the Bihar Prohibition and Excise (Amendment) Act, 2018. It is submitted by learned counsel for the petitioner that the petitioner is innocent and has falsely been implicated in this case. There is no recovery from the conscious possession of the petitioner, rather there is recovery of total 1264 liters of foreign liquor from the house of co-accused namely, Banaras

Patna High Court CR. MISC. No.40455 of 2021(2) dt.08-10-2021 2/3 Rai. On the basis of confessional statement of co-accused, the petitioner has been made accused in this case. The said coaccused has been granted bail by a co-ordinate Bench of this Court. The petitioner is languishing in custody since 22.02.2021. The petitioner has got 05 criminal antecedent in same offence which is mentioned in para 3 of the bail application.

Learned APP for the State vehemently opposed the prayer for bail petition.

Petitioner is agreed to deposit a sum of Rs. 30,000/- (Rupees Thirty Thousand) in the Chief Minister Relief Fund, Bihar, bearing Account No.2065104000002257, IFSC IBKL0002065, IDBI Bank, Kidwaipuri Branch, Patna. Considering the aforesaid facts and circumstances of the case, the above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending/ successor Court in connection with Lalganj P. S. Case No.309/2019; subject to the following conditions: (i) that one of the bailors will be a close relative of the petitioner, who will be given an affidavit giving genealogy

Patna High Court CR. MISC. No.40455 of 2021(2) dt.08-10-2021 3/3 as to how he is related with the petitioner. He will also undertake to inform the Court if there is any change in the address of the petitioner.

(ii) that the bailor shall also state on affidavit that he will inform the Court concerned if the petitioner is implicated in any other case of similar nature after his release in the present case and thereafter the Court below will be at liberty to initiate proceeding for cancellation of bail on the ground of misuse. The bail bond of the petitioner shall be accepted by the learned Court below on showing receipt of deposit of Rs.30,000/- (Rupees Thirty Thousand) in the Chief Minister Relief fund.

(Anjani Kumar Sharan, J) amitkumar/- U T