Patna High CourtCR. MISC./33648/2024bail granted

Vipin Rai v. The State Of Bihar

2024-07-12Mr. Justice Ramesh Chand Malviya3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.33648 of 2024 Arising Out of PS. Case No.-195 Year-2023 Thana- VIDYAPATINAGAR DistrictSamastipur ====================================================== Vipin Rai, aged about 25 years, Male, Son of Vinod Rai, Resident of VillageHetimpur, Bangraha, P.S.-Vidyapati Nagar, District- Samastipur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Dilip Kumar Roy, Advocate For the Opposite Party/s :

Mr. Jagdhar Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 12-07-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Vidyapatinagar P.S. Case No. 195 of 2023 instituted for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise Act.

3. As per the prosecution case, total 1134 liters of illicit liquor has been recovered from the husk house of Nand Kumar Singh.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence and has falsely been implicated in this case due to dirty village politics. He further submits that the petitioner was neither arrested at the

Patna High Court CR. MISC. No.33648 of 2024(3) dt.12-07-2024 2/3 spot nor found near the place of occurrence and his name came in this case only on the basis of suspicion. Nothing incriminating articles has been recovered from the conscious possession of the petitioner. Both seizure list witnesses are the official witnesses and not the independent witnesses. He further submits that the petitioner has got clean antecedent as stated in para 3 of the petition is in custody since 27.03.2024.

5. Learned APP opposes the prayer for bail.

6. From perusal of the FIR and the impugned order of the learned Exclusive Special Judge Excise-1, Samastipur dated 03.04.2024, it appears that there there is no any independent witness of the seizure list. Similarly situated co-accused persons namely Nand Kumar Singh and Prashant Kumar have been granted bail by a coordinate Bench of this Court in Cr. Misc. Nos. 24058 of 2024 and 29127 of 2024 vide orders dated 27.03.2024 and 19.04.2024, respectively, accordingly the prayer for bail of the petitioner is allowed. Let the petitioner above named be released on bail after framing of charge on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Special Judge Excise-1, Samastipur in connection with Vidyapatinagar P.S. Case No. 195 of 2023.

Patna High Court CR. MISC. No.33648 of 2024(3) dt.12-07-2024 3/3

7. The trial Court is directed to conclude the proceeding of framing of charge according to law within a period of 15 (fifteen days) from the date of receipt of a copy of this order. However, it is made clear that if the charge-sheet has not been submitted then the petitioner shall be released on bail on above conditions and he shall be present physically on each and every date before the Trial Court till conclusion of the proceeding of framing of charge.

(Ramesh Chand Malviya, J) Anand Kr.

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