Vikesh Rai @ Vikash Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.53330 of 2023 Arising Out of PS. Case No.-376 Year-2020 Thana- EKMA District- Saran ====================================================== VIKESH RAI @ VIKASH RAI S/O Ramendra Rai R/O Village- Betwaniya, P.S- Ekma, Distt.- Saran at Chapra.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Jeetendra Narayan, Advocate For the Opposite Party/s :

Mr.Md. Shakir Ahmad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 11-10-2023 Heard Mr.Jeetendra Narayan, learned counsel for the petitioner and Mr.Md. Shakir Ahmad, learned Additional Public Prosecutor for the State.

2. The petitioner is apprehending his arrest in connection with Ekma P.S. Case No.376 of 2020, FIR dated 19.10.2022 registered for the offences punishable under Sections 30(a) & 38 of Bihar Prohibition and Excise (Amendment) Act, 2018.

3. Recovery is of 10.200 liters of country made liquor.

4. Learned counsel for the petitioner submits that petitioner has falsely been implicated in the present case. Further submits that from a bare perusal of the FIR as well as the seizure list that nothing has been recovered from conscious possession of the petitioner rather the recovery has been made

2/4 from motorcycle in question and the petitioner has no concern at all with the alleged recovery of illicit liquor or the motorcycle in question and the name of the petitioner has been transpired during investigation on the basis of the disclosure made by the co-accused person, namely, Lalji Kumar Chaudhary and except the disclosure made by the co-accused person, namely, Lalji Kumar Chaudhary, no other material has come during investigation against the petitioner to suggest the involvement of the petitioner in the present occurrence. There is noncompliance with mandatory procedure prescribed for recovery under Section 100 of Cr.P.C. No case, whatsoever, would be made out against the petitioner under the Bihar Prohibition and Excise Act.

5. Learned A.P.P. for the State has vehemently opposed the prayer for bail of the petitioner referring the provision contained in Section 76(2) of the Bihar Prohibition and Excise Act and submitted that the pre-arrest bail would not be maintainable. Further submits that the petitioner carries one more case other than the present one but fairly submits that the petitioner is on bail in the said case, as mentioned in para-3 of the bail petition.

6. This Court is aware of the decision of the Full

3/4 Bench in the case of Ram Vinay Yadav Vs. State of Bihar reported in 2019 (2) PLJR 1089. Having regard to the law laid down in the aforesaid judgment and the submission advanced on behalf of the parties, this Court for the limited purpose of grant of anticipatory bail, is inclined to accept the submission of Counsel for the petitioner.

7. Considering the aforesaid facts, nothing has been recovered from conscious possession of the petitioner, let the petitioner, above named, in the event of his arrest or surrender before the court below within a period of thirty days from the date of receipt of the order, 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 District and Sessions Judge-2nd-cum-1st Exclusive Special Judge, Excise, Saran at Chapra in connection with Ekma P.S. Case No.376 of 2020, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure and with other following conditions:- (I) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and shall remain physically present as directed by the Court and on his absence on two consecutive dates without sufficient

4/4 reason, his bail bonds shall be cancelled by the Court below. (II) If the petitioner tamper with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

(III) And, further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage, it is found that the petitioner has concealed his criminal antecedents, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

(Rajesh Kumar Verma, J) Nitesh/- U T