Vijay Ray v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.51960 of 2022 Arising Out of PS. Case No.-215 Year-2021 Thana- MALSALAMI District- Patna ====================================================== VIJAY RAY Son of Nandi Rai @ Bandhi Rai @ Aanandi Rai R/V- Sharifganj, PS- Malsalami, Dist- Patna q ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Jay Ram Prasad For the Opposite Party/s :

Mr.Lalan Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER 14-10-2022 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 in virtual court proceeding. The petitioner seeks bail in connection with Special Case No. 3530 of 2021 arising out of Malsalami P.S. Case No. 215 of 2021 registered for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise Amendment Act, 2018.

As per prosecution case, there is alleged recovery of 50 litre illicit wine from the motorcycle in question and apprehended co-accused Mithlesh Kumar disclosed the name of petitioner who fled away from the place of occurrence. Learned counsel for the petitioner submits that

Patna High Court CR. MISC. No.51960 of 2022(2) dt.14-10-2022 2/3 petitioner is in custody since 26.05.2022 and bears criminal antecedent of eight cases of similar nature. He further submits that nothing has been recovered from possession of the petitioner. Petitioner has no concern either with the seized liquor or the vehicle. Petitioner is not apprehended on the spot and only because of his criminal antecedent, petitioner has been roped in the present case.

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

Considering the facts and circumstances of the case, period of custody, petitioner is not apprehended on the spot, argument advanced on behalf of both sides and also taking into consideration the material available on record, let the petitioner above named be released on bail, after framing of charge on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge, Excise, Patna City in connection with Special Case No. 3530 of 2021 arising out of Malsalami P.S. Case No. 215 of 2021, 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

Patna High Court CR. MISC. No.51960 of 2022(2) dt.14-10-2022 3/3 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) shahzad/- U T