Vinod Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.33388 of 2020 Arising Out of PS. Case No.-93 Year-2020 Thana- RAGHOPUR District- Vaishali ====================================================== Vinod Rai, Son of Sitab Rai @ Sitab Ray, Resident of Village - Litiyahi, P.S.- Raghopur (Rustampur O.P.), Distt.- Vaishali.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Gajendra Kumar Singh, Advocate.

For the Opposite Party/s :

Md. Nazir Ansari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 19-03-2021 As prayed for, let the learned counsel appearing for the petitioner remove the defect(s), as pointed out by the office, within four weeks of starting of the Court proceeding in physical mode in normal course.

Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Raghopur (Rustampur OP) P.S. Case No. 93 of 2020, registered under Section 414/34 of the Indian Penal Code and Section 30(a) of the Bihar Excise Act.

The accusation is that in course of patrolling duty, one Pickup Van bearing registration no. BR016B 4973 was seen moving in fast speed then the said vehicle was stopped. At that

Patna High Court CR. MISC. No.33388 of 2020(2) dt.19-03-2021 2/3 time, four persons started to flee away, but on chase, one was apprehended, who disclosed his name as Pankaj Rai. On query, Pankaj Rai, also disclosed the name of three persons, Rahul Kumar driver of the said vehicle, Lakhindra Kumar and Vinod Rai (petitioner), who succeeded to flee away. On search, several bottles of Indian made foreign liquor, in the volume of 1284.27 litre, was recovered from the said Pickup Van. Learned counsel for the petitioner submits that petitioner was not apprehended at the spot rather the name of petitioner along with two others has been disclosed by coaccused, Pankaj Rai, who is said to be caught hold near the vehicle, from which, alleged bottles of Indian made foreign liquor were recovered. Further submission is that petitioner has no criminal antecedent.

Having regard to the facts and circumstances of the case, let the above named petitioner be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge-II-cum-Excise Court, Vaishali at Hajipur, in connection with Raghopur (Rustampur OP) P.S. Case No. 93 of

Patna High Court CR. MISC. No.33388 of 2020(2) dt.19-03-2021 3/3 2020, subject to the condition as laid down under Section 438(2) of the Cr.P.C.

(Rajendra Kumar Mishra, J) Bhardwaj/- U T