Vijay Rai @ Vijay Ray v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.74073 of 2019 Arising Out of PS. Case No.-410 Year-2019 Thana- MANER District- Patna ====================================================== Vijay Rai @ Vijay Ray, S/o Late Ramnirakhan Rai @ Niropan Rai, R/o village- Nilkanth Tola Gauraiya Sthan, P.S.- Maner, District- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Akhauri Kamal Kishore Sahay For the Opposite Party/s :

Mr.Anil Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 11-12-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner in this case is seeking regular bail in connection with Special Case No.7379/2019 (arising out of Maner P.S. Case No.410/2019) registered for the offences punishable under Sections 30(a), 37(c) of the Bihar Prohibition and Excise Act, 2016. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. Learned counsel submits that there is no recovery from the conscious possession of the petitioner.

Learned APP for the State is present and has opposed the prayer for bail.

Considering the facts and circumstances of the case wherein it is the submission of learned counsel for the petitioner that 30 liters of illicit Mahua liquor has been recovered from the

Patna High Court CR. MISC. No.74073 of 2019(2) dt.11-12-2019 2/2 possession of the petitioner, petitioner is in custody since 18.08.2019 having no criminal antecedent and the investigation is complete, let the petitioner abovenamed be enlarged on bail on furnishing of bail bonds of Rs. 15,000/- (fifteen thousand ) with two sureties of the like amount each to the satisfaction of learned Special Judge, Excise, Patna in connection with Special Case No.7379/19 (arising out of Maner P.S. Case No.410 of 2019), subject to the condition as laid down under Section 437 (3) Cr.P.C. as under:

(a) that such person shall attend in accordance with the conditions of the bond executed under this Chapter, (b) that such person shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected, and (c) that such 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 or tamper with the evidence. (Rajeev Ranjan Prasad, J) arvind/- U T