Vikash Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.61154 of 2022 Arising Out of PS. Case No.-66 Year-2021 Thana- MAHUA District- Vaishali ====================================================== Vikash Rai Son Of Rambabu Rai R/O Village- Madhopur, P.S.- Mahua, District- Vaishali ... ... Petitioner/s

Versus

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

For the Petitioner :

Ms. Suruchi Anand, Advocate For the State :

Mr. Akbar Ali, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 26-11-2022 Heard learned counsel appearing on behalf of the petitioner and learned APP appearing on behalf of the State. The petitioner seeks bail in connection with Mahua P.S. Case No.66 of 2021 registered for the offence under Sections 30(a), 32(ii), 34(ii), 38(ii) and 41(i) of the Bihar Prohibition and Excise Act, 2018.

The accused/petitioner is named in the F.I.R. and is in custody since 27.09.2022.

The allegation against the petitioner is to be in possession of illicit liquor, where, there was recovery of 4573.240 litres of illicit IMFL/country made liquor.

Patna High Court CR. MISC. No.61154 of 2022(2) dt.26-11-2022 2/3 Learned counsel appearing on behalf of the petitioner submitted that the name of petitioner surfaced on the basis of suspicion as raised by local chowkidar, where he claimed to identify the petitioner, while he was running away from the place of recovery, and nothing surfaced during the course of investigation, which may connect this petitioner with the alleged set of recovery. It is also submitted that petitioner is found involved in three more criminal cases and he has been named in the present case without having any connecting evidence. While concluding the argument, it is submitted that investigation of this case has been completed, for which, charge-sheet has already been submitted, as such, there is no chance of tampering with the evidence.

Learned APP appearing on behalf of the State, opposes the prayer for bail.

In view of the facts and circumstances as mentioned above, as the recovery of illicit liquor not appears to be made from the conscious physical possession of the petitioner coupled with the fact that charge-sheet has already been submitted, let the petitioner, above named, is directed to be released on bail in connection with Mahua P.S. Case No.66 of 2021 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two

Patna High Court CR. MISC. No.61154 of 2022(2) dt.26-11-2022 3/3 sureties of the like amount each to the satisfaction of learned Exclusive Special Prohibition, Excise Court No.II-cumAdditional District and Sessions Judge, Vaishali, Hajipur/concerned court, subject to the conditions as mentioned under Section 437(3) of the Cr.P.C.

(Chandra Shekhar Jha, J) S.Tripathi/- U T