Patna High CourtCR. MISC./4659/2024bail granted

Amarnath Roy v. The State Of Bihar

2024-02-07Mr. Justice Partha Sarthy2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.4659 of 2024 Arising Out of PS. Case No.-464 Year-2023 Thana- SHAHPUR PATORI District- Samastipur ====================================================== AMARNATH ROY SON OF YADUVANSH ROY RESIDENT OF VILLAGE / MOHALLA - UTTRI DHAMAUN, P.S. - SHAHPUR PATORI, DISTRICT - SAMASTIPUR ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Kedar Jha, Advocate For the Opposite Party/s :

Mr. Akbar Ali, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 07-02-2024

1. Heard learned counsel for the parties.

2. The petitioner has preferred this application for grant of regular bail in connection with Shahpur Patori P.S. Case no.464 of 2023 registered under section 30(a) of the Bihar Prohibition and Excise Act, 2016.

3. As per the prosecution case, while the four accused persons including the petitioner herein who were identified by the persons gathered, managed to escape, 150 litres of country liquor was recovered from the motorcycles.

4. It is submitted by learned counsel for the petitioner that the petitioner has been falsely implicated in the case because of his antecedent. He was neither arrested at the spot nor any incriminating article has been recovered from his

Patna High Court CR. MISC. No.4659 of 2024(2) dt.07-02-2024 2/2 possession. He is in custody since 23.10.2023 and chargesheet has been submitted in the case.

5. Heard learned A.P.P. for the State.

6. Having heard learned counsel for the parties and taking into consideration the allegations against the petitioner in the F.I.R., his not having been arrested at the spot nor any incriminating article having been recovered from his possession and his being in custody since 23.10.2023, the Court directs the petitioner to be enlarged on bail in connection with Shahpur Patori P.S. Case no.464 of 2023 on furnishing bail bond of Rs.10,000/ (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned 2nd Special Judge (Excise), Samastipur. (Partha Sarthy, J) Bibhash U T