Rajiv Rai vs State Of Bihar

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.

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.

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.

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.

Learned APP submitted that the petitioner carries criminal antecedent.

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) 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.

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.

The application stands disposed off in the aforementioned terms.