Vijay Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.68599 of 2021 Arising Out of PS. Case No.-399 Year-2020 Thana- RUNISAIDPUR District- Sitamarhi ====================================================== VIJAY RAI Son of Laxmi Rai Resident of Village - Bhawanipur Police Station - Runisaidpur, District - Sitamarhi.

... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ashok Kumar Jha, Advocate Mr. Sumit Jha, Advocate For the Opposite Party/s :

Mr. Ajit Kumar, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 21-06-2023 Heard Mr. Ashok Kumar Jha, learned Counsel appearing on behalf of the petitioner and Mr. Ajit Kumar, learned A.P.P. appearing on behalf of the State.

2. The petitioner seeks regular bail in connection with Runisaidpur P.S. Case No. 399 of 2020, for the offence punishable under Sections 30(a), 38(i)(ii) and 41 Bihar Prohibition and Excise Act, 2016.

3. Learned counsel appearing on behalf of the petitioner submitted that proper inquiry have been conducted by the A.D.G. (Prohibition), Bihar, Patna, and reference has also been made to the report submitted by the District Transport Officer, Sitamarhi that huge quantity of liquor was loaded on truck bearing Registration No. HR63D-8048 and said truck was

Patna High Court CR. MISC. No.68599 of 2021(10) dt.21-06-2023 2/3 confiscated and, thereafter, it was sold in auction to one Sri. Prabhat Kumar, Village-Sirkhiriya, P.S-Mahindwara, DistrictSitamarhi vide Memo No. 571 dated 18.02.2023 and the vehicle has been registered in his name. The new Registration No. of the vehicle is BR30GA-7540, Engine No. is E424CDJD209603 and Chassis No. MC2G3HRC0JC143216.

4. Learned counsel further submitted that provisional bail was granted to the petitioner vide order dated 20.05.2022. The name of the petitioner has come on confessional state of coaccused namely, Kumar Gaurav, who has already been released on regular bail vide order dated 16.08.2021 passed in Criminal Misc. No. 8337 of 2021.

5. Mr. Ajit Kumar, learned A.P.P. appearing on behalf of the State submitted that a report has already been submitted in the present case and serious steps have been taken by the Prohibition and Excise Department and its officials posted in the district of Sitamarhi. He further submitted that though the District Transport Officer, Sitamarhi, has given the new Registration No. of the said vehicle but no effort has been taken to verify the owner of the vehicle which was seized bearing Registration No. BR30GA-7540, Engine No. E424CDJD209603 and Chassis No. MC2G3HRC0JC143216 and the involvement

Patna High Court CR. MISC. No.68599 of 2021(10) dt.21-06-2023 3/3 of the petitioner cannot be denied in commission of offence. On these grounds, he has opposed the bail application of the petitioner.

6. Having considered the rival submissions made by the respective parties as well as the report submitted by the authorities of the State Government, I am of the opinion that petitioner has, prima facie, made out a case to be released on bail.

7. The provisional bail granted to the petitioner vide order dated 20.05.2022 is hereby confirmed on similar terms and conditions as contained in order dated 20.05.2022.

8. Accordingly, the present bail application is disposed of.

(Purnendu Singh, J) Niraj/- Nilmani/- U T