Allowed

Shiv Mangal Rai v. The State of Bihar

Patna HC10 Feb 2022CR. MISC./49895/2021

Case brief

AI extract

What is this about?

Petitioner sought bail in Vaishali P.S. Case No. 17 of 2021 for offences under the Bihar Prohibition and Excise Act, 2016. Court granted bail considering false implication, lack of liquor in petitioner's possession, completion of investigation, and similarly situated co-accused's release.

What did the court decide?

Released on regular bail by furnishing a bond of Rs. 25,000 with two sureties of the same amount each.

Shiv Mangal Rai Vs The State of Bihar — Narcotics (NDPS) | Patna HC (2022)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.49895 of 2021

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Arising Out of PS. Case No.-17 Year-2021 Thana- VAISHALI District- Vaishali

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======================================================

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SHIV MANGAL RAI S/O SUKHDEO RAI R/o village- Salempur Tola Jafarabad, P.S.- Lalganj, District- Vaishali

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... ... Petitioner/s

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Versus

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The State of Bihar Bihar

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... ... Opposite Party/s

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====================================================== Appearance : For the Petitioner/s : Mr.Abhishek Kumar For the Opposite Party/s : Mrs.Nirmala Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER

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2 10-02-2022

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Heard the parties through virtual court proceedings.

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Petitioner seeks regular bail in connection with

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Vaishali P.S. Case No. 17 of 2021 registered for the offence under Sections 30(a) , 41 (i), 33 , 34 and 36 of the Bihar Prohibition and Excise Act, 2016.

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Allegation in nutshell is that Police intercepted a car and upon seeing the police party two persons started fleeing away after after alighting from the car but on chase they were apprehended and upon search 70 liters of spirit was recovered from the said car. The name of the petitioner has been disclosed along with 52 persons to be accomplice of the arrested accused persons who are allegedly involved in the illegal liquor trade.

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Patna High Court CR. MISC. No.49895 of 2021(2) dt.10-02-2022 2/3

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Learned counsel for the petitioner submits that petitioner has falsely been implicated in this case on the basis of disclosure of his name by the arrested co-accused persons. He further submits that the petitioner is neither the owner of the car nor its driver and no illicit liquor has been recovered from the conscious possession and / or vehicle belonging to the petitioner. Petitioner is in custody since 26 / 2 / 2021, charge sheet has already been submitted and similarly situated coaccused / Vikki Kumar has been granted bail in Cr. Misc. No. 50770 / 2021.

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Regard being had to the submissions made by the parties and taking into consideration the materials available on record, the fact that no illicit liquor has been recovered from the conscious possession and / or vehicle belonging to the petitioner, similarly situated co-accused has been granted bail by this court, petitioner is in custody since 26 – 02 – 2021, investigation is complete, charge sheet has already been submitted and trial is not likely to be concluded in near future due to Covid 19 pandemic, I am inclined to grant regular bail to the petitioner.

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Accordingly, let the petitioner, above named, be released on regular bail on furnishing bail bond of Rs. 25000/-

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Patna High Court CR. MISC. No.49895 of 2021(2) dt.10-02-2022 3/3

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(twenty five thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge, Excise, Vaishali at Hajipur in connection with Vaishali P.S. Case No. 17 of 2021.

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(Anil Kumar Sinha, J)

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praful/-

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U T

Shiv Mangal Rai v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Shiv Mangal Rai v. The State of Bihar

Case brief

What is this about?

What did the court decide?

What the court decided

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