Rajendra Rai @ Razan Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.55411 of 2021 Arising Out of PS. Case No.-104 Year-2021 Thana- SARAI District- Vaishali ====================================================== Rajendra Rai @ Razan Rai Son Of Late Mangal Rai R/O Village- Majhauli Mohammadpur, P.S.- Sarai, District- Vaishali, Bihar ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Ms. Priyanka Singh For the Opposite Party/s :

Mr. Md. Mushtaque Alam ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJEEV PRAKASH SHARMA ORAL ORDER 24-02-2022 Heard both the parties.

The petitioner seeks bail in anticipation of his arrest in connection with Sarai P.S. Case No.104 of 2021 instituted for the offences under Sections 30(A) of the Bihar Prohibition and Excise Act, 2018.

Learned counsel for the petitioner submits that the petitioner has been made an accused along with all the other family members. Neither the liquor was recovered from his personal possession nor he owns a motorcycle from which the alleged liquor was said to be recovered.

Taking into consideration the over all aspect, I am inclined to grant anticipatory bail to the petitioner and in the event of arrest, he shall be released on bail subject to conditions

Patna High Court CR. MISC. No.55411 of 2021(2) dt.24-02-2022 2/3 as laid down under section 438 (2) of the Cr.P.C., which are as under:-

1. The applicants, namely, Rajendra Rai @ Razan Rai shall furnish personal bond with his recent self-attested photograph and surety of the like amount on the following conditions at the satisfaction of the investigating officer.

2. The applicant shall cooperate with the investigation and make himself available for interrogation whenever required.

3. The applicant shall not directly or indirectly make any inducement, threat or promise to any witness acquainted with the facts of the case so as to dissuade him from disclosing such facts to the court or to any police officer,

4. The applicant shall not obstruct or hamper the police investigation and not to play mischief with the evidence collected or yet to be collected by the police;

5. The applicant shall not leave the territory of Vaishali without prior permission of the court, till trial is over;

6. The applicant shall maintain law and order;

7. The applicant shall, at the time of execution of the bond, furnish his address and mobile number to the investigating officer, and the court concerned, and shall not change the residence till the final disposal of the case;

Patna High Court CR. MISC. No.55411 of 2021(2) dt.24-02-2022 3/3

8. The applicant shall surrender his passport, if any, before the investigating officer within a week and, if he does not possess any passport, he shall file an affidavit to that effect before the investigating officer;

9. The applicant shall regularly remain present during the trial and cooperate with the Hon'ble court to complete the trial for the above offences.

(Sanjeev Prakash Sharma, J) amit/- U T