Ramashankar Ray @ Mochhu v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.5820 of 2023 Arising Out of PS. Case No.-267 Year-2022 Thana- DIGHWARA District- Saran ====================================================== RAMASHANKAR RAY @ MOCHHU S/O LATE SHIV JANAM RAY Resident of village- Basti Jalal Janpur, P.S.- Dighwara, District- Saran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Nalin Kumar For the Opposite Party/s :

Mr. Ajay Kumar No. 2 ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 10-04-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in a case registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act.

Learned counsel for the petitioner submits that petitioner is innocent and has been falsely implicated in this case. He submits that there is no recovery from the conscious possession of the petitioner rather 20 liters of country made liquor are said to have recovered from the open space. He further submits that on the secret information the petitioner is made accused in the present case. He further there is no recovery made from the conscious possession of the petitioner. He submits that petitioner has got three criminal antecedents in

Patna High Court CR. MISC. No.5820 of 2023(2) dt.10-04-2023 2/3 similar nature as stated in para-3 of the bail application. Petitioner is agreed to deposit a sum of Rs. 40,000.00/- (Rupees Forty Thousand) in the account of Bihar State Bar Council Welfare Fund, bearing Account No. 31861041899, IFSC Code: SBIN0010340, State Bank of India, High Court Campus, Patna.

Considering the facts and circumstance of the case and the fact nothing recovered from the conscious possession of the petitioner, let the above named petitioner, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, be enlarged on bail on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Dighwara P.S. Case No. 267 of 2022, subject to the condition as laid down under Section 438 (2) of the Cr.P.C., with further conditions:

(1) One of the bailors will be his own blood relative, preferably, father, mother, brother, sister and/or his wife.

(2) The petitioner shall not indulge himself in any similar offence till conclusion of the trial. The bail bond of the petitioner shall be accepted by

Patna High Court CR. MISC. No.5820 of 2023(2) dt.10-04-2023 3/3 the learned Court below on showing receipt of the aforesaid amount in the account of Bihar State Bar Council Welfare Fund, Patna.

(Anjani Kumar Sharan, J) ajay/- U T