Patna High CourtCR. MISC./10064/2024bail granted

Sukhreet Rai @ Sukharit Ray v. The State Of Bihar

2024-02-21Mr. Justice R. P. Mishra3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.10064 of 2024 Arising Out of PS. Case No.-266 Year-2023 Thana- RAJAPAKAR District- Vaishali ====================================================== Sukhreet Rai @ Sukharit Ray Son of Ram Kishore Ray @ Ram Kishor Ray R/O-Bardiha Turki, P.S.-Patepur, Distt.-Vaishali ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Anuj Kumar, Adv.

For the Opposite Party/s :

Mr.Humayou Ahmad Khan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 21-02-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Rajapakar P.S. Case No. 266 of 2023 instituted for the offences under Section 30(a) of the Bihar Prohibition and Excise Act (Amended), 2022.

3. As per prosecution case, the police has recovered total 350 liters of country made liquor from the Tempo bearing Registration No. BR31P-3275.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case due to highhandedness of the police. He

Patna High Court CR. MISC. No.10064 of 2024(2) dt.21-02-2024 2/3 further submits that the petitioner is not named in the F.I.R. rather his name has surfaced in this case during investigation as owner of the Tempo. He further submits that the petitioner had already sold the Tempo to one Yashwant Kumar on 04.03.2022 and, hence, he is not the owner of the Tempo. Nothing incriminating has been recovered from the conscious possession of the petitioner. The petitoiner has no concern with the seized liquor or the Tempo. The petitioner has no criminal antecedent as has been stated in paragraph no.3 of the present bail application. There is a non-compliance of Section 100 of the Cr.P.C. which creates a serious doubt in the prosecution case. The petitioner is languishing in judicial custody since 14.12.2023.

5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.

6. Considering the entire facts and circumstances of the case and taking into account the period of custody of the petitioner as also the petitioner having no criminal antecedent, let the petitioner, abovenamed, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand)

Patna High Court CR. MISC. No.10064 of 2024(2) dt.21-02-2024 3/3 with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Rajapakar P.S. Case No. 266 of 2023 .

(Rudra Prakash Mishra, J) rishi/- U T