Rajiv Rai vs The State Of Bihar
2021 Latest Caselaw 17 Patna

     IN THE HIGH COURT OF JUDICATURE AT PATNA
             CRIMINAL MISCELLANEOUS No.31833 of 2020
   Arising Out of PS. Case No.-288 Year-2018 Thana- PUPRI (CHORAUT O.P.) District-
                                        Sitamarhi
======================================================

Rajiv Rai, aged about 35 years, Gender-Male, Son of Vashisth Rai, Resident of Village - Nihisa, P.S.- Pupari, District - Sitamarhi.

... ... Petitioner/s Versus The State of Bihar

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Subhash Kumar Jha, Advocate For the State : Mr. Mukesh Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT Date : 04-01-2021

Heard Mr. Subhash Kumar Jha, learned counsel for the

petitioner and Mr. Mukesh Kumar Singh, learned Additional

Public Prosecutor (hereinafter referred to as the 'APP') for the

State.

2. The petitioner is in custody in connection with Pupri

(Choraut OP) PS Case No. 288 of 2018 dated 08.06.2018,

corresponding to CD No. 13880/726, instituted under Sections

414 of the Indian Penal Code and 30(a)/37(b)(c)/38/41 of the

Bihar Prohibition and Excise Act, 2016.

3. The allegation against the petitioner is that he was in

the business of illicit liquor and has been made accused on the

basis of statement of the person who was apprehended with

192.450 litres of illicit liquor from a Scorpio vehicle.

Patna High Court CR. MISC. No.31833 of 2020 dt.04-01-2021

4. Learned counsel for the petitioner submitted that he,

being a Ward Councillor, has been falsely implicated due to

political and village rivalry. It was further submitted that though

he is accused in three other cases of similar nature but in none

of the cases there has been recovery and only because he has

been implicated in one case, the police have made him accused

in the other cases also. It was submitted that the seized Scorpio

vehicle did not belong to the petitioner and that he is in custody

since 12.06.2020.

5. Learned APP submitted that the petitioner carries

criminal antecedent.

6. Having considered the facts and circumstances of the

case and submissions of learned counsel for the parties, let the

petitioner be released on bail upon furnishing bail bonds of Rs.

25,000/- (twenty five thousand) with two sureties of the like

amount each to the satisfaction of the learned Additional District

and Sessions Judge, 2nd-cum-Special Judge (Excise Act),

Sitamarhi in Pupri (Choraut OP) PS Case No. 288 of 2018,

corresponding to CD No. 13880/726, subject to the conditions

(i) that one of the bailors shall be a close relative of the

petitioner, (ii) that the petitioner and the bailors shall execute

bond with regard to good behaviour of the petitioner, and (iii) Patna High Court CR. MISC. No.31833 of 2020 dt.04-01-2021

that the petitioner shall also give an undertaking to the Court

that he shall not indulge in any illegal/criminal activity, act in

violation of any law/statutory provisions, tamper with the

evidence or influence the witnesses. Any violation of the terms

and conditions of the bonds or the undertaking shall lead to

cancellation of his bail bonds. The petitioner shall cooperate in

the case and be present before the Court on each and every date.

Failure to cooperate or being absent on two consecutive dates,

without sufficient cause, shall also lead to cancellation of his

bail bonds.

7. However, this order is subject to the main application

supported by affidavit being e filed in this Court by learned

counsel for the petitioner latest by day after tomorrow.

8. The application stands disposed off in the

aforementioned terms.

(Ahsanuddin Amanullah, J)

Anjani/-

AFR/NAFR U T