Vijay Rai @ Vijay Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.45275 of 2021 Arising Out of PS. Case No.-14 Year-2021 Thana- PIPRAHI District- Sheohar ====================================================== VIJAY RAI @ VIJAY YADAV S/o Late Rajendra Rai R/o village- Basahiya, P.S.- Piprahi, District- Sheohar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Satyadeo Singh Yadav, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 29-01-2022 Heard learned counsel for the parties through video conferencing.

The petitioner has preferred this application for grant of regular bail in a case registered under section 30(a) of the Bihar Prohibition and Excise Act, 2016.

As per the prosecution case, on the vehicle in question being stopped for checking, it is stated that while one accused managed to escape, another accused was caught and he disclosed his name as Mahmood Ali. It is further stated that on inquiry he disclosed that the person who had escaped was the petitioner.

It is submitted by learned counsel for the petitioner that neither the petitioner was arrested at the spot nor any incriminating article has been recovered from his possession. As per the FIR 17.7 litres of Nepali liquor is said to have been

Patna High Court CR. MISC. No.45275 of 2021(2) dt.29-01-2022 2/2 recovered from the tempo. The petitioner has no concern with the alleged seized liquor. He is in custody since 19.3.2021 and chargesheet has been submitted in the case.

Heard learned APP for the State.

Having heard learned counsel for the parties and taking into consideration the facts of the case, the petitioner not having been arrested at the spot and chargesheet having been submitted in the case, the petitioner is directed to be enlarged on bail in connection with Piprahi P.S. Case no. 14 of 2021 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned 2nd Addl. District & Sessions Judge-cum- Special Judge, Excise, Sheohar.

(Partha Sarthy, J) Spd/- U T