Patna High CourtCR. MISC./24381/2017bail granted

Vishnu Rai v. The State Of Bihar Through Economic Offence Wing

2017-07-06Mr. Justice Vikash Jain2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.24381 of 2017 Arising Out of PS.Case No. -4 Year- 2017 Thana -ECONOMIC OFFENCES, BIHAR District- PATNA ====================================================== Vishnu Rai Son of Raj Kishore Rai, Resident of Village Baliyal (Unsar Baliya)) P.S. Bochahan, District Muzaffarpur .... .... Petitioner

Versus

The State of Bihar through Economic Offence Wing .... .... Opposite Party ====================================================== Appearance :

For the Petitioner : Mr. Hari Kishore Thakur, Advocate For the State : Mr. Akhileshwar Prasad Singh, Sr. Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 06-07-2027 Heard learned counsel for the petitioner and learned Special P.P. for the State.

2. The petitioner is in custody since 10.03.2017 in connection with Economic Offence P.S. Case No. 04 of 2017 for the offences alleged under Section 30(a), 32(1) and 38(1) of the Bihar Prohibition and Excise Act, 2016.

3. It is submitted that the petitioner along with five other persons were apprehended in connection with the alleged recovery of 738 litres of foreign liquor kept in 80 cartoons from three vehicles. It is submitted that the remaining five co-accused, namely, Sri Ram Paswan, Chandan Ram, Sri Kishmohan Rai @ Sri Krishnamohan Rai, Rama Rai and Jugal Rai have been granted bail by this Court in Cr. Misc. No. 25334 of 2017 and Cr. Misc. No. 26495 of 2017, respectively. The petitioner claims clean antecedents.

4. Be that as it may, having regard to the entirety of the facts and circumstances of the case as well as the period of custody since 10.03.2017 already suffered, let the petitioner above named be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of learned Sub-Divisional Judicial Magistrate, Sadar

Patna High Court Cr.Misc. No.24381 of 2017 (3) dt.06-07-2027 2/2 Patna in connection with Economic Offence P.S. Case No. 04 of 2017 with the following conditions:

(i) That one of the bailors shall be a close relative of the petitioner.

(ii) That the petitioner shall not indulge in any similar offence till conclusion of the trial.

(iii) The petitioner shall cooperate with the investigation, if not already concluded, and make himself available as and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail.

(iv) That the petitioner shall remain physically present in court on each and every date during trial and in the event of failure on two consecutive dates without sufficient reason, his bail bond shall be liable to be cancelled by the learned Court concerned. (Vikash Jain, J) B.T/Ibrar U T