Ravi Chandra Rai v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.83006 of 2023 Arising Out of PS. Case No.-381 Year-2023 Thana- GORAUL District- Vaishali ====================================================== Ravi Chandra Rai Son of Ram Prasad Rai R/o- Mansurpur Halaiya, P.s.- Garaul (Kathara O.P.), District- Vaishali at Hajipur. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Fakhruddin Ali Ahmad For the Opposite Party/s :
Mr.Veena Kumari Jaiswal ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 02-01-2024 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner has prayed for regular bail in a case instituted for the offence under Sections 30(a), 32(i), 36(i) and 41(i) of the Bihar Prohibition and Excise Act.
3. As per prosecution case, there has been recovery of total 708.48 liters of illegal liquor from different vehicles.
4. It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. He has committed no offence. Petitioner was not apprehended on spot. The name of the petitioner has come into light on the basis of confessional statement of co-accused person, who apprehended on spot. He submitted that the petitioner has no concern either with the seized vehicles or with the wine in question. No
Patna High Court CR. MISC. No.83006 of 2023(2) dt.02-01-2024 2/2 incriminating article has been recovered from the conscious possession of the petitioner. Petitioner has got no criminal antecedent as stated in para-3 of the bail petition. He is languishing in judicial custody since 11.09.2023.
5. The application for bail is opposed by learned APP for the State.
6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as period of custody, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Excise Court no.1cum-A.D.J., Vaishali at Hajipur in connection with Garaul P.S. Case No. 381 of 2023.
(Sunil Kumar Panwar, J) Arish/- U T