Ajay Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.48083 of 2022 Arising Out of PS. Case No.-231 Year-2020 Thana- PAROO District- Muzaffarpur ====================================================== AJAY RAI Son of Mr. Bhola Rai Resident of village - Damodarpur, P.S.- Paroo, District - Muzaffarpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shivam For the Opposite Party/s :

Mr.Rajiv Nayan ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER 16-09-2022 Let the defect(s), as pointed out by the office, be removed within a period of four weeks from today. Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks bail in connection with Paroo P.S. Case No. 231 of 2020 registered for the offences punishable under Sections 30, 30(a) of the Bihar Prohibition and Excise Act, 2018.

As per prosecution case, there is alleged recovery of 3453.865 litres of illicit liquor from different vehicles in question and vacant government land in front of the house of petitioner. The Chowkidar and other persons disclosed that the petitioner alongwith others were involved in illegal business of liquor.

Patna High Court CR. MISC. No.48083 of 2022(2) dt.16-09-2022 2/3 Learned counsel for the petitioner submits that petitioner is in custody since 22.05.2022. Petitioner bears three criminal antecedents. Charge sheet has already been submitted in the case and there is no likelihood of tampering with the prosecution evidence. Learned counsel further submits that the petitioner is not apprehended on spot. Nothing has been recovered from the conscious possession of the petitioner. The petitioner has no concern with the alleged vehicles in question or with the seized liquor. The place, from where recovery has been made, is government land. Co-accused Sanjay Sah has already been granted bail vide Cr. Misc. No. 49214 of 2021 by a co-ordinate bench of this Court and the case of present petitioner stands more or less on similar footing.

The learned A.P.P. for the State vehemently opposes the prayer for bail of the petitioner.

Patna High Court CR. MISC. No.48083 of 2022(2) dt.16-09-2022 3/3 furnishing bail bond of Rs. 20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge (Excise), Court No. II in connection with Paroo P.S. Case No. 231 of 2020, subject to following conditions:- (i) One of the bailors shall be either father or mother or sister or brother or wife or the person who has sworn the affidavit in bail application.

(ii) Petitioner will co-operate in trial and will remain present on all dates and absence for two consecutive dates without appropriate permission would be a ground for cancellation of bail by the learned Trial court itself. (iii) If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

(Alok Kumar Pandey, J) amitkr/- U T