Patna High CourtCR. MISC./10823/2025bail granted

Mohan Ray@ Mohan Rai v. The State Of Bihar

2025-03-21Mr. Justice Chandra Prakash Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.10823 of 2025 Arising Out of PS. Case No.-288 Year-2018 Thana- GOVERNMENT OFFICIAL COMP. District- Samastipur ====================================================== Mohan Ray@ Mohan Rai S/O Late Dhanpat Ray R/O Village- Bikrampur Bandey, P.S- Karpurigram, Distt.- Samastipur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sheo Kumar Prasad For the Opposite Party/s :

Mr.Akbar Ali ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 21-03-2025 Heard learned counsel for the petitioner and learned A.P.P for the State.

2. The petitioner has preferred this application for grant of regular bail in connection with Excise P.S. Case No. 288/2018 dated 01.10.2018 registered for the offences punishable u/s 30(a) of the Bihar Prohibition and Excise Act.

3. As per the prosecution case, total 10.260 litres of illicit foreign liquor was recovered from the cowshed.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. Nothing has been recovered from the conscious possession of the petitioner. The recovery is made from an open place which is accessible to anyone. The petitioner has no

Patna High Court CR. MISC. No.10823 of 2025(2) dt.21-03-2025 2/2 concern with the alleged recovery. The petitioner has two antecedents as stated in para 3 of the bail petition and para. 2 of the Supplementary Affidavit. The petitioner is in custody since 23.12.2024.

5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Samastipur in connection with Excise P.S. Case No. 288/2018.

7. The application stands allowed.

(Chandra Prakash Singh, J) atul/- U T