Vinay Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.79833 of 2019 Arising Out of PS. Case No.-107 Year-2019 Thana- GOVERNMENT OFFICIAL COMP. District- Muzaffarpur ====================================================== VINAY RAI Son of Rajendra Rai Resident of Village - Kushi, P.S.- Kanti, District - Muzaffarpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mrs.Anita Kumari For the Opposite Party/s :

Mr.Yogendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 12-12-2019 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner is seeking anticipatory bail in connection with Muzaffarpur Excise P.S. Case No. 107 of 2019 (Excise Case No. 107/2019) registered under Section 30(a) of the Bihar Prohibition & Excise Act, 2016.

Learned counsel for the petitioner submits that the illicit liquor has been recovered from the house of Rajendra Rai who is father of this petitioner. Learned counsel submits that petitioner has been made accused only because he happens to be the son of said Rajendra Rai, who has been granted regular bail by learned coordinate Bench of this court vide order dated 17.08.2019 in Cr. Misc. No. 50650/2019, however petitioner has

Patna High Court CR. MISC. No.79833 of 2019(3) dt.12-12-2019 2/3 got no criminal antecedent.

Learned A.P.P. for the State has opposed the prayer for anticipatory bail of the petitioner.

Considering the facts and circumstances of the case wherein it is alleged that the illicit liquor has been recovered from the house of Rajendra Rai who is father of this petitioner and it is the submission of learned counsel for the petitioner that petitioner has been made accused only because he happens to be the son of said Rajendra Rai and Rajendra Rai has already been granted regular bail by learned coordinate Bench of this court vide order dated 17.08.2019 in Cr. Misc. No. 50650/2019 as also that the petitioner has no criminal antecedent, let the abovenamed petitioner, in the event of his arrest/surrender before the court below within a period of four weeks, be enlarged on bail furnishing bail bond of Rs. 15,000/- (Rupees Fifteen Thousand only) with two sureties of the like amount each to the satisfaction of learned Special Judge, Excise, Muzafffarpur, in connection with Muzaffarpur Excise P.S. Case No. 107 of 2019 (Excise Case No. 107/2019), subject to condition as laid down under Section 438(2) of the Cr.P.C. i.e.

(i) a condition that the person shall make himself available for interrogation by a police officer as and when

Patna High Court CR. MISC. No.79833 of 2019(3) dt.12-12-2019 3/3 required;

(ii) a condition that the person shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer;

(iii) a condition that the person shall not leave India without the previous permission of the Court. (Rajeev Ranjan Prasad, J) Rajeev/- U T