Patna High CourtCR. MISC./32943/2020bail granted

Rajiv Rai v. The State Of Bihar

2021-01-05Mr. Justice Vikash Jain2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.32943 of 2020 Arising Out of PS. Case No.-226 Year-2019 Thana- VAISHALI DistrictVaishali ====================================================== 1.

RAJIV RAI S/o Jiya Lal Rai R/o village- Mahammadpur, P.S.- Paru, District- Muzaffarpur 2.

GUNJAN KUMAR S/o Rajdeo Rai R/o village- Shekhpurva, P.S.- Vaishali, District- Vaishali at Hazipur ... ... Petitioner

Versus

The State Of Bihar ... ... Opposite Party ====================================================== Appearance :

For the Petitioners :

Mr. Ramchandra Singh, Advocate For the Opposite Party:

Mr. J.K. Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 05-01-2021 Heard learned counsel for the petitioners and learned APP for the State. Learned counsel for the petitioners has filed an undertaking to remove all defects pointed out by the Stamp Reporter as and when required. It is accordingly directed that all defects pointed out by the Stamp Reporter be removed within one month hereof.

2. The petitioners are in custody since 29.06.2020 in connection with Vaishali P.S. Case No. 226 of 2019 for the offences alleged under Sections 30(a), 32(2), 41(1) of the Bihar Prohibition and Excise (Amendment) Act, 2018.

3. It is submitted that the petitioners have been falsely implicated in connection with recovery of 3611.04 litres of foreign liquor from two vehicles which were parked. It is

Patna High Court CR. MISC. No.32943 of 2020(2) dt.05-01-2021 2/2 submitted that the petitioners have no concern whatsoever with the vehicles in question nor the recovered goods. The petitioners were neither arrested at the spot nor any recovery has been made from them. Other co-accused Amit Kumar and Rahul Kumar have been granted anticipatory bail by this Court in Cr. Misc. No. 28973 of 2020.

4. Learned APP appears and has been heard.

5. Be that as it may and having regard to the period of custody already suffered since 29.06.2020, let the petitioners above named be released on bail on furnishing bail bond of Rs.10,000/-(ten thousand) each with two sureties of like amount each to the satisfaction of learned Additional Sessions Judge-2nd cum Excise Court, Vaishali at Hajipur in connection with Vaishali P.S. Case No. 226 of 2019, if they are not otherwise required in any other case.

6. Office shall follow-up to ensure that all defects are removed and compliance with the notices of this Court are made by the petitioners within the stipulated time provided in para-1 hereinabove, failing which the matter shall be brought to the notice of this Court.

(Vikash Jain, J) Ibrar//- U T