Akhalesh Ray @ Akhalesh Kr. Ray @ Akhalesh Rai v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.2544 of 2025 Arising Out of PS. Case No.-63 Year-2024 Thana- Excise P.S. District- Saran ====================================================== Akhalesh Ray @ Akhalesh Kr. Ray @ Akhalesh Rai Son of Late Motilal Ray @ Late Mati Ray Resident of Village- Fulwariya Tola Moajampur @ Mojampur, P.S.- Awtarnagar, District- Saran ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Raghwendra Pratap Singh, Advocate For the Opposite Party/s :
Ms. Gulnar Begum. APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 23-01-2025 Heard learned counsel for the petitioner and learned APP for the State.
2.
The petitioner seeks bail in connection with Mashrakh Excise PS Case No. 63 of 2024 instituted for the offences under Sections 30(a) and 32(3) of the Bihar Prohibition and Excise Act.
3.
The prosecution case, in short, is that total 231.12 litres of foreign liquor was recovered from Truck. 4.
Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. No incriminating material has been recovered from the conscious possession of the petitioner. The petitioner has got no concern with the alleged recovery of liquor. It is submitted that petitioner is the driver of the seized truck and he has no
Patna High Court CR. MISC. No.2544 of 2025(2) dt.23-01-2025 2/2 knowledge regarding the nature of goods booked by the transporter. The petitioner is in custody since 22.10.2024 and has got one criminal antecedent. There is no compliance of Section 103 of B.N.S.S.
5.
Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner. 6.
Considering the aforesaid facts and circumstances of the case and the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner. 7.
Let the petitioner be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Mashrakh Excise PS Case No. 63 of 2024.
(Rudra Prakash Mishra, J) Raj Ranjan/- U T