Vijay Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.3960 of 2023 Arising Out of PS. Case No.-354 Year-2021 Thana- VAISHALI District- Vaishali ====================================================== Vijay Rai Son Of Musafir Rai R/O Village- Sorhatta, P.S.- Vaishali , DistrictVaishali At Hajipur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Vinod Kumar For the Opposite Party/s :

Mr.Damodar Prasad Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 03-04-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is languishing in custody in a case registered for the offences punishable under Sections 272, 273, 413, 414 of the Indian Penal Code and Sections 30(a), 41(1) of the Bihar Prohibition & Excise Act.

There is recovery of 492.39 litres of Indian made Foreign liquor from the truck, alto car and a motorcycle.

It is submitted by learned counsel for the petitioner that petitioner is innocent and he has falsely

Patna High Court CR. MISC. No.3960 of 2023(3) dt.03-04-2023 2/2 been implicated in this case. The petitioner was not apprehended from the spot. Nothing incriminating has been recovered from the conscious possession of the petitioner. The name of the petitioner sprang up on the confessional statement of co-accused Shashi Kumar. The petitioner has no concern with the seized vehicles or illicit liquor. The petitioner is languishing in custody since 23.08.2022.

Considering the facts aforesaid and the period under custody, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousands) with two sureties of the like amount each to the satisfaction of learned Exclusive Prohibition & Excise Court-II-cum-Additional District & Sessions Judge, Vaishali at Hajipur in connection with Vaishali P.S. Case No. 354 of 2021.

(Sunil Kumar Panwar, J) Shageer/- U T