Vijay Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.56495 of 2019 Arising Out of PS. Case No.-44 Year-2017 Thana- RAGHOPUR District- Vaishali ====================================================== Vijay Rai, S/O Anandi Ray @ Sandhi Ray @ Nandhi Ray, R/O villSukumarpur, P.S. Raghopur (Rustampur O.P.), Distt. - Vaishali. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Nityanand Kumar, Advocate For the Opposite Party/s :

Mr.Renuka Ratnakar, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 14-10-2019 Heard learned counsel for the petitioner and the learned counsel appearing on behalf of the State. The petitioner is in custody since 10.06.2019 in connection with Raghopur (Rustampur O.P.) P.S. Case No.44 of 2017 registered for the offence under Sections 30(a), 37 of the Bihar Prohibition and Excise Act, 2016.

Learned counsel for the petitioner submits that the the alleged recoveries which are said to be from the motorcycle were not made in his presence and the same have been saddled on his shoulders. It is further submitted that the present petitioner is having similar antecedents, but he has been remanded in various cases in which they have already been granted bail.

Considering the aforementioned facts and

Patna High Court CR. MISC. No.56495 of 2019(3) dt.14-10-2019 2/2 circumstances, let the petitioner, above named, be released on bail on his furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge-II Cum Excise Court, Vaishali at Hajipur, District-Vaishali, in connection with Raghopur (Rustampur O.P.) P.S. Case No.44 of 2017, subject to the following conditions:

(1) One of the bailors will be the father of the petitioner.

(2) The petitioner shall not indulge himself in any similar offence till conclusion of the trial.

(3) The petitioner shall remain physically present in court on each and every date during trial and in the event of his failure on two consecutive dates without sufficient reasons, his bail bonds shall be liable to be cancelled by the learned court concerned.

(4) The petitioner shall co-operate 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. (Anjana Mishra, J) PNM U T