Patna High Court/2938/2023allowed

Krishna Ray v. The State Of Bihar

2023-01-18Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.2938 of 2023 Arising Out of PS. Case No.-496 Year-2021 Thana- DARIYAPUR District- Saran ====================================================== KRISHNA RAY Son of Basudev Ray R/v- Bajahiya, P.S.- Dariyapur, DistrictSaran at Chapra ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Udai Shankar Singh For the Opposite Party/s :

Mr.Anand Kishore Choudhary ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 18-01-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for bail in a case registered for the offence punishable under sections 30 and 30(a) of the Bihar Prohibition and Excise Act.

Prosecution case relates to recovery of 200 litres country made liquor, kept hidden in truck tube and on seeing the police personnel, 4-5 accused persons jumped in Laxman Chak Chawar and villagers identify them including the petitioner. It is submitted by learned counsel for the petitioner that petitioner is innocent. He has been falsely implicated in this case. Nothing has been recovered from his conscious possession and he has no concern with the alleged recovery. Villagers disclosed the name of the petitioner before the police, which is

Patna High Court CR. MISC. No.2938 of 2023(2) dt.18-01-2023 2/2 not admissible in the eye of law. Petitioner is languishing in judicial custody since 7.11.2022.

The application for bail is opposed by learned APP for the State.

Having heard learned counsel for the parties and considering the facts and circumstances of the case, 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 Additional Sessions Judge II-cum-1stExclusive Special Judge, Excise, Saran at Chapra in connection with Dariyapur P.S. Case No. 496 of 2021.

(Sunil Kumar Panwar, J) sushma/- U