Vijay Rai @ Bijay Ray v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.57166 of 2021 Arising Out of PS. Case No.-316 Year-2019 Thana- TARAIYA District- Saran ====================================================== VIJAY RAI @ BIJAY RAY Son of Shivnath Ray Resident of Village - Lauwan Chakia, Police Station - Taraiya, District - Saran (Chapra). ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Mukesh Kumar Singh, Adv.

For the Opposite Party/s :

Mr. Sanjay Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 18-04-2022 Heard learned counsel for the parties.

The petitioner has preferred this application for grant of regular bail in a case registered under section 30(a) of the Bihar Prohibition and Excise Act, 2016.

As per the prosecution case, it is stated that secret information was received that the three named accused persons including the petitioner herein were going to transport liquor in huge quantity. On search being conducted, it is stated that from the vehicle in question, four accused persons got down and managed to escape. On search, 2200 litres of country liquor was recovered.

It is submitted by learned counsel for the petitioner that the petitioner has been falsely implicated in the case. He was neither arrested at the spot nor any incriminating article has

Patna High Court CR. MISC. No.57166 of 2021(3) dt.18-04-2022 2/2 been recovered from his possession. He was not even identified as one of the accused who had fled from the place of occurrence. The cause of his false implication is his antecedent. He is in custody since 14.8.2021 and chargesheet has been submitted in the case.

Heard learned A.P.P. for the State.

Having heard learned counsel for the parties and taking into consideration the facts of the case, the allegations in the F.I.R. together with the petitioner having remained in custody for 8 months and chargesheet having been submitted in the case, the Court directs the petitioner to be enlarged on bail in connection with Taraiya P.S. Case no.316 of 2019 on furnishing bail bond of Rs.10,000/ (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned 2nd Additional Sessions Judge-cum-Special Judge, Excise, Chapra, District Saran.

(Partha Sarthy, J) Saurabh/- U T