Vijay Rai @ Vijay Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.73031 of 2022 Arising Out of PS. Case No.-755 Year-2021 Thana- GARKHA District- Saran ====================================================== VIJAY RAI @ VIJAY KUMAR Son of Aditya Rai Resident of village - Tahal Tola, P.S.- Garkha, District - Saran at Chapra ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mrs.Indu Kumari Srivastava,APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 03-02-2023 Heard learned counsel for the petitioner and learned APP for the State through video conferencing in view of the COVID 19.

The petitioner apprehends his arrest in connection with Garkha P.S. Case No. 755 of 2021 for the offence registered under Sections 30(a), (D)41(i)(ii), 33, 34 and 36 of the Bihar Prohibition and Excise Act, 2016.

As per the prosecution story, the police in course of patrolling reached 'Mina Bazar' and came to know that coaccused has kept liquor in his house. Accordingly, the house of Sanjay Ray raided and 65 litres of illicit liquor was recovered/seized. On further secret information, the other accused persons including the petitioner herein manufactured illicit liquor and the police went to the place. Although, the

Patna High Court CR. MISC. No.73031 of 2022(2) dt.03-02-2023 2/3 accused persons managed to flee, 85 litres of illicit liquor was recovered/seized.

As per the FIR, nothing has been recovered from the physical possession of the petitioner and only on the basis of the information given by the 'chowkidar', this case has been registered in that backdrop, this Court is inclined to extend him privilege of anticipatory bail with conditions. Let the petitioner in the event of arrest or surrender within a period of four weeks from the date of receipt of the order, shall be released on anticipatory bail on furnishing bail of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned 1st Exclusive Special Excise Court, Saran in connection with Garkha P.S. Case No. 755 of 2021 subject to condition as laid down under Section 438(2) of the Cr.P.C. with further conditions: (i) one of the bailor should be the family member of the petitioner, who shall provide official document to show his/her bona fide;

(ii) the petitioner shall appear on each and every date before the Trial court and failure to do so for two consecutive dates without plausible reason will entail cancellation of his/her bail bond by the Trial court itself;

Patna High Court CR. MISC. No.73031 of 2022(2) dt.03-02-2023 3/3 (iii) the petitioner shall appear before the concerned police station every fortnight for next six months to mark attendance;

(iv) the petitioner shall in no way try to induce or promise or threat the witnesses or tamper with the evidences, failing which the State shall be at liberty to take steps for cancellation of the bail bonds;

(v) the petitioner shall desist from committing any criminal offence again failing which the State shall be at liberty to take steps for cancellation of the bail bonds; (vi) the petitioner shall co-operate in the investigation and made himself available to the police as and when required; (Rajiv Roy, J) Jagdish/Neha/- U T