Mohan Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.46066 of 2022 Arising Out of PS. Case No.-80 Year-2020 Thana- AURAI District- Muzaffarpur ====================================================== Mohan Rai Son of Raj Nandan Rai R/O Vill.- Maheshwara, P.S.- Aurai, District - Muzaffarpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Alok Kumar Alok, Advocate For the Opposite Party/s :

Mr.Atul Chandra, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 30-09-2022 Heard learned counsel for the petitioner and learned APP for the State through video conferencing. Let the defect (s), as pointed out by the office, be removed within a period of four weeks.

In the present case, the petitioner seeks bail in connection with Aurai P.S. Case No. 80 of 2020 registered for the alleged offences under Sections 272, 273 and 34 of the Indian Penal Code and Sections 30(a) and 56(ka), (kha) of the Bihar Prohibition and Excise Act.

Allegedly, the recovery of 56.16 litres of India made foreign liquor was made from the cow shed and a motorcycle of the petitioner but he was not apprehended from the spot. The learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this

Patna High Court CR. MISC. No.46066 of 2022(2) dt.30-09-2022 2/3 case. Petitioner was not apprehended from the spot and nothing incriminating has been recovered from his conscious possession. The place from where recovery is said to be made is an open place and accessible to all. The seized motorcycle belongs to this petitioner but recovery has been falsely shown from the motorcycle. The petitioner is in custody since 16.05.2022 and the charge-sheet has been submitted in this case. Learned APP opposes the prayer for bail submitting that the petitioner is having criminal antecedents and he has made accused in one other case.

Having regard to the submissions made hereinabove and considering the fact that the petitioner was not apprehended from the spot and no recovery has been shown from this petitioner and further considering the submission of chargesheet along with his period of custody, the petitioner above named is directed to 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 Exclusive Special Excise Court No.1, Muzaffarpur in connection with Aurai P.S. Case No. 80 of 2020 subject to the conditions mentioned in Section 437(3) of the Code of Criminal Procedure and also the following conditions :

Patna High Court CR. MISC. No.46066 of 2022(2) dt.30-09-2022 3/3 (i) The bail bond of the petitioner will be accepted only after framing of charge, if not already framed.

(ii) One of the bailors will be a close relative of the petitioner.

(iii) The petitioner will remain present on each and every date fixed by the court below.

(iv) In case of absence on three consecutive dates or in violation of the terms of the bail, the bail bond of the petitioner will be liable to be cancelled by the court concerned.

(Arun Kumar Jha, J) balmukund/- U T