Vijay Rai @ Vijay Shankar Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.56694 of 2021 Arising Out of PS. Case No.-40 Year-2021 Thana- RAJPUR District- Buxar ====================================================== VIJAY RAI @ VIJAY SHANKAR RAI Son of Late Basu Rai @ Vasu Rai Resident of Village- Nanaura, P.S.- Rajpur, District- Buxar. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rajeev Ranjan, Advocate For the Opposite Party/s :

Mr.Ashok Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 31-01-2022 Heard the learned counsel appearing for the petitioner and learned A.P.P. for the State.

The petitioner seeks regular bail in connection with Rajpur P.S. Case No. 40 of 2021 for the offence punishable under Sections 467, 468, 471 and 120(B)/34 of the Indian Penal Code and Sections 30(a)(d) of the Bihar Prohibition and Excise Act.

The allegation is regarding recovery of 22 litres of illicit liquor from the house of the co-accused person namely Shayam Narayan Sah and when interrogation was made by the police qua the arrested persons, they had disclosed the names of the other accused persons involved in the illicit trade of liquor including that of the petitioner herein.

The learned counsel for the petitioner has submitted that the petitioner is innocent, he has been falsely implicated in the

Patna High Court CR. MISC. No.56694 of 2021(2) dt.31-01-2022 2/2 present case and is languishing in custody since 10.08.2021. It is further submitted that neither the petitioner has been arrested from the spot nor any illicit liquor has been recovered from the conscious possession of the petitioner herein. Per contra, the learned A.P.P. for the State has vehemently opposed the prayer for bail.

Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the petitioner and taking into account the materials available on record as also considering the fact that neither any illicit liquor has been recovered from the conscious possession of the petitioner or from his house, I deem it fit and proper to direct for release of the petitioner on regular bail. Accordingly, the petitioner, above named, is directed to be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-II-cumSpecial Judge, Excise Act, Buxar in connection with Rajpur P.S. Case No. 40 of 2021.

(Mohit Kumar Shah, J) S.Sb/- U T