Arvind Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.31812 of 2022 Arising Out of PS. Case No.-343 Year-2021 Thana- VAISHALI District- Vaishali ====================================================== ARVIND RAI Son of Late Kishori Rai Resident of village - Mohamadpur manorath, Police Station- Vaishali, District- Vaishali. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bijay Bhushan Prasad For the Opposite Party/s :

Mr.Tapeshwar Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 12-08-2022 Heard learned counsel appearing on behalf of the petitioner and learned counsel appearing on behalf of the State through 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 Vaishali P.S. Case No. 343 of 2021 registered for the offence under Section 30(a) and 41(1) of the Bihar Prohibition and Excise Act, 2018.

The accused/petitioner is named in the F.I.R. and is in

Patna High Court CR. MISC. No.31812 of 2022(2) dt.12-08-2022 2/3 custody since 25.04.2022.

The allegation against the petitioner is to be engaged in illegal trading/manufacturing of illicit liquor, where, there is recovery of 268.920 litres of IMFL/country made liquor. Learned counsel appearing on behalf of the petitioner submitted that petitioner is not connected with alleged vehicle and illicit liquor. It is submitted that no recovery was made from conscious physical possession of the petitioners. Petitioner is a man of clean antecedent. It has been submitted that investigation is complete where charge-sheet has been submitted. Learned APP, while opposes the prayer of bail.

Considering the facts and circumstances as mentioned above, as the alleged recovery of illicit liquor has not been made from the conscious physical possession of the petitioner, who is a man of clean antecedent coupled with the fact that chargesheet has been submitted, let the petitioner, above named, is directed to be released on bail in connection with Vaishali P.S. Case No. 343 of 2021 on furnishing bail bond of Rs.

Patna High Court CR. MISC. No.31812 of 2022(2) dt.12-08-2022 3/3 under Section 437(3) of Cr.P.C.

(Chandra Shekhar Jha, J) R.S.Sen/- Ravishankar/- U T