Vinod Ray @ Binod Ray v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.33720 of 2025 Arising Out of PS. Case No.-14 Year-2025 Thana- VAISHALI District- Vaishali ====================================================== Vinod Ray @ Binod Ray S/o Ramvilash Ray Resident of village- Chakeja, P.S.- Tisiauta, Dist- Vaishali ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Manish Chandra Gandhi, Advocate For the Opposite Party/s :
Ms.Renu Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 20-05-2025 Heard the parties.
2. The petitioner is apprehending arrest in connection with Vaishali (Belsar O.P.) P.S. Case No. 14 of 2025 instituted under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act lodged on 13.01.2025 by the informant, Sanjay Kumar Gupta.
3. As per the prosecution story, the Police intercepted a Pick Up Van. The driver escaped though there is recovery/seizure of 907.200 liters of Indian Made Foreign Liquor. This led to the FIR.
4. Learned counsel for the petitioner submits that he owns the vehicle, little realizing that the driver is using the same for different purpose. The petitioner has no criminal antecedent. The last submission is that irrespective of the outcome of the
2/4 present case and/or accepting the allegation, the petitioner intends to contribute Rs.20,000/- to the District Legal Services Authority, Vaishali at Hajipur for purchase of Sanitary Vending Machine for Civil Court Campus, Vaishali at Hajipur through Demand Draft issued by the local branch of the State Bank of India.
5. Learned APP opposes the prayer submitting that the petitioner cannot be escaped from the responsibility.
6. Considering the submissions of the parties as also the fact the petitioner owns the vehicle, has no criminal antecedent, FIR is there, an undertaking has been given that she shall be diligently appearing in trial, in that background, this Court is inclined to extend him the privilege of anticipatory bail subject to payment of Rs. 20,000/- to the District Legal Services Authority, Vaishali at Hajipur for purchase of Sanitary Vending Machine for Civil Court Campus, Vaishali at Hajipur through Demand Draft issued by the local branch of the State Bank of India.
7. Let the petitioner be released on bail, in the event of his arrest or surrender before the subordinate court within a period of four weeks from the receipt of this order, on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of
3/4 the like amount each in connection with Vaishali at Hajipur (Belsar O.P.) P.S. Case No. 14 of 2025 to the satisfaction of learned Exclusive Special Prohibition and Excise Court (Second) cum District and Sessions Judge, Vaishali at Hajipur subject to the conditions as laid down under Section 438(2) of the Cr.P.C. as also the other conditions.
(i) one of the bailor should be the family member/relative of the petitioner who shall provide official document to show his/her bona fide;
(ii) the petitioner shall appear on each and every date before the Trial Court and failure to do so for two consecutive dates without plausible reason will entail cancellation of his bail bond by the Trial Court itself;
(iii) the petitioner shall appear before the concerned police station every fortnight for next six months to mark his attendance;
(iii) the petitioner shall co-operate in the investigation and make himself available to the police as and when required; (iv) the petitioner shall in no way try to induce or promise or threat the witnesses or tamper with the evidences, failing which the State shall be at liberty to take steps for cancellation of the bail bonds;
4/4 (v) the petitioner shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of his bail bonds.
8. Let a copy of this order be communicated to the learned Principal District and Sessions Judge, Vaishali at Hajipur for his perusal and needful.
(Rajiv Roy, J) Ravi/- U T