IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.49294 of 2021

Arising Out of PS. Case No.-11 Year-2021 Thana- AWTARNAGAR District- Saran

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Vijendra Ray @ Bijendra Ray, Son of Inar Rai @ Ina Rai, Resident of Village

- Balua, P.S.- Doriganj and District - Saran.

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

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Appearance :

For the Petitioner/s

:

Mr.Shiv Shankar Prasad Yadav, Advocate

For the Opposite Party/s :

Mr.Damodar Prasad Tiwary, APP

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CORAM: HONOURABLE MR. JUSTICE A. M. BADAR

ORAL ORDER

3

22-01-2022

The application is given out of turn hearing on the

basis of documents showing that wife of the applicant is

suffering from Jaundice.

The applicant/accused in Crime No. 11 of 2021

registered with Awatar Nagar Police Station for the offences

punishable under Sections 30 and 30(a) of the Bihar Excise and

Prohibition Act, 2016, by this application is seeking his release

on bail during pendency of the trial.

Heard the learned counsel appearing for the

applicant/accused. He argued that the liquor was not seized

from possession of the applicant.

As against this, the learned Additional Public

Prosecutor contended that from possession of the applicant

Mahua liquor of 140 litres quantity came to be seized.

Patna High Court CR. MISC. No.49294 of 2021(3) dt.22-01-2022

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The investigation of the crime is over. The case of

the prosecution is to the effect that the police attempted to

intervene a motorcycle carrying the liquor. However riders of

the motorcycle ran away. That motorcycle was found to be

used for transporting 140 litres of Mahua liquor.

As the investigation of the crime in question is over,

I see no reason to refuse the bail to the applicant. Therefore,

the order :-

i. The application is allowed.

ii. The applicant/accused in Crime No. 11 of

2021 registered with Awatar Nagar Police Station for the

offences punishable under Sections 30 and 30(a) of the Bihar

Excise and Prohibition Act, 2016 be released on bail on

executing P.R. bond of Rs.15,000/- (Rupees Fifteen Thousand)

on furnishing surety of the like amount to the satisfaction of the

trial court with the following conditions: -

(I) The applicant/accused should not extend any

threat, promise of inducement to the persons acquainted with the

facts of the accusation against him so as to dissuade him from

disclosing such facts to the Court or to any police officer.

(II) The applicant/accused should cooperate the

trail court in expeditious disposal of the trial against him.

Patna High Court CR. MISC. No.49294 of 2021(3) dt.22-01-2022

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(III) The applicant/accused should not contact

the members of the prosecuting party as well as witnesses in this

case in any manner till conclusion of the trial.

(IV) The applicant should not repeat

commission of similar offence in future and if he is found to be

involved in commission of similar offence, the State is at liberty

to apply for cancellation of bail granted to the applicant in the

instant case.

The applicant to remove all office objections

forthwith and the Registry to issue the certified copy of this

order only after removal of office objections by the

applicant/accused.

Bhardwaj/-

(A. M. Badar, J)

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