Patna High CourtCR. MISC./81796/2023allowed

Vijay Rai v. The State Of Bihar

2023-12-19Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.81796 of 2023 Arising Out of PS. Case No.-249 Year-2023 Thana- TARAIYA District- Saran ====================================================== Vijay Rai S/O Shivnath Rai R/O Village- Lawa Chakiya, P.S.- Taraiya, Dist.- Saran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Alok Kumar Alok For the Opposite Party/s :

Mr.Murli Dhar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 19-12-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under section 30(a) of the Bihar Prohibition and Excise Act.

3. Prosecution case relates to recovery of 35 liters of illicit liquor from adjacent side of co-accused's house.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case. Nothing has been recovered from the conscious possession of the petitioner and also he has no concern with the seized liquor. Similarly situated other coaccused person has already been granted bail by this Court vide order dated 29.11.2023 in Cr. Misc. No. 75213 of 2023.

Patna High Court CR. MISC. No.81796 of 2023(2) dt.19-12-2023 2/2 Moreover, he is languishing in judicial custody since 22.10.2023.

5. Learned APP appearing for the state has opposed the prayer of regular bail.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Taraiya P.S. Case No. 249 of 2023 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Excise Court No.3, Saran at Chhapra. (Sunil Kumar Panwar, J) Shubham/- U T