Arvind Rai @ Arvind Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.34945 of 2024 Arising Out of PS. Case No.-318 Year-2023 Thana- DESARI District- Vaishali ====================================================== Arvind Rai @ Arvind Kumar Son of Late Gaya Rai @ Gaya Prasad Ray Resident of village - Trimuhani Bajitpur, P.S.- Desari (Sahdai O.P.), District - Vaishali ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Shivjee Singh, Adv.
For the Opposite Party/s :
Ms. Veena Kumari Jaiswal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 29-05-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner seeks regular bail in connection with Desari (Sahdai O.P.) P.S. Case No. 318 of 2023, lodged on 18.09.2023 under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2018.
3. As per the prosecution case, FIR has been lodged against five named accused persons including the present petitioner. Total 403.56 litres of illicit liquor has been recovered which is the subject matter of the present case.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. Counsel also submits that the criminal antecedent of the petitioner is
Patna High Court CR. MISC. No.34945 of 2024(2) dt.29-05-2024 2/2 clean and he is in custody since 13.04.2024. Counsel further submits that other co-accused persons have been granted bail by this Court as well as by the Co-ordinate Bench of this Court vide orders dated 31.01.2024, 09.02.2024 & 27.05.2024 passed in Cr. Misc. Nos. 2723 of 2024, 84689 of 2023 & 31686 of 2024 respectively.
5. Learned APP for the State opposes the prayer for bail of the petitioner.
6. In the present facts and circumstances of this case and the submissions made above, let the petitioner above named be granted bail, but only after framing of charge, if not framed on furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Excise Court No.1cum-Additional Sessions Judge, Vaishali at Hajipur in connection with Desari (Sahdai O.P.) P.S. Case No. 318 of 2023, subject to the conditions as laid down U/s 437(3) Cr.P.C. (Dr. Anshuman, J.) Divyansh/- U T