Vijay Rai v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.51614 of 2019 Arising Out of PS. Case No.-276 Year-2018 Thana- DORIGANJ District- Saran ====================================================== VIJAY RAI Son of late munshi rai Resident of Village-Chirand, P.S.- Doriganj, District-Saran.
... ... Petitioner/s
Versus
THE STATE OF BIHAR Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Hari Mohan Tripathi For the Opposite Party/s :
Mr.Ram Naresh Ray ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 04-11-2019 Heard learned counsel for the parties.
Petitioner is apprehending his arrest in connection with Doriganj P.S.Case No.276 of 2018 , registered for offences punishable under Sections 272, 273, 34 of the Indian Penal Code and Section 30(A) and 38 of the Bihar Prohibition and Excise Act, 2016.
As per the FIR, the police intercepted one boat carrying illicit liquor and three persons were arrested and huge quantity of liquor has been recovered and apprehended accused persons disclosed that the boat belongs to the petitioner. Submission of the learned counsel for the petitioner is that the FIR itself shows that three petitioner was not present in the boat and there is no other allegation against the
Patna High Court CR. MISC. No.51614 of 2019(3) dt.04-11-2019 2/2 petitioner except that boat belongs to the petitioner. Heard learned A.P.P. , who has opposed the prayer for bail.
Having heard both sides and in view of the facts and circumstances, as stated above, let the petitioner, above named, in the event of arrest or surrender before the learned court below, be released on bail on furnishing bail bond of Rs.25,000/- (Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned Addl. Sessions Judge 2nd cum Special Judge (Excise) Siwan in connec2019tion with Doriganj P.S.Case No.276 of 2018, subject to conditions as laid down under Section 438 (2) of the Code of Criminal Procedure.
With the above direction, this application is allowed. (Vinod Kumar Sinha, J) chn/- U T