Ajay Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.55440 of 2021 Arising Out of PS. Case No.-204 Year-2020 Thana- AURAI District- Muzaffarpur ====================================================== AJAY RAI Son of Nawal Ray Resident of Village - Kathor, P.S.- Parsauni, District - Sitamadi ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Manoj Kumar For the Opposite Party/s :

Mr.Madan Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 09-02-2022 Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner seeks regular bail in connection with Aurai Police Station Case No. 204 of 2020, registered for the offences punishable under Sections 30 (a)/36/41(1) of the Bihar Prohibition and Excise Act, 2016.

The prosecution case, as per the First Information Report, is that the police intercepted one truck, one Mahindra pick-up van and two tempo and recovered a total quantity of 4554 litres of illicit liquor from the said vehicles and arrested two drivers, including the driver of one of the tempo, of which the petitioner is the owner.

Learned Counsel for the petitioner submits that the petitioner has got no criminal antecedent and he has not

Patna High Court CR. MISC. No.55440 of 2021(2) dt.09-02-2022 2/3 committed any offence in the manner alleged. He further submits that the vehicle, in question, is a commercial vehicle, being plied by its driver on hire basis and the petitioner, being the owner of the tempo, in question, was not aware about the illicit liquor being transported in his tempo by the driver of the tempo. He further submits that the petitioner is the owner of the vehicle, in question, and the driver of the vehicle, namely, Chandan Kumar, has been granted bail by co-ordinate Bench of this Court, vide order, passed in Criminal Misc. No. 20982 of 2021. He further submits that the petitioner is in custody since 12.07.

2021 and charge sheet has been submitted against the petitioner and as such, there is no likelihood that the petitioner will abscond and/or tamper with the evidence. Regards being had to the submissions advanced on behalf of the parties concerned and taking into consideration the materials available on record and the fact that the petitioner has got no criminal antecedent, he is in custody since 12.07.2021, co-accused has been granted bail by this Court, charge sheet has already been submitted and there is no likelihood of the trial being concluded in near future due to pandemic, I am inclined to grant regular bail to the petitioner.

This application is, accordingly, allowed.

Patna High Court CR. MISC. No.55440 of 2021(2) dt.09-02-2022 3/3 Let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 20,000/- (twenty thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge, Excise, Muzaffarpur, in connection with Aurai Police Station Case No. 204 of 2020.

(Anil Kumar Sinha, J.) Prabhakar Anand/- U √ T √