Brijnandan Ray v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.6280 of 2023 Arising Out of PS. Case No.-512 Year-2022 Thana- NADI P.S. District- Patna ====================================================== Brijnandan Ray Son Of Late Ram Ishwar Sinh Resident Of Village Garhochak Kripaltola, P.S.- Nadi, District- Patna ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Kumar Manglam For the Opposite Party/s :

Mr.Asha Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 11-04-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for bail in a case registered for the offence punishable under sections 30(a) of the Bihar Prohibition and Excise Act.

Prosecution case relates to recovery of 135.900 litres of illicit liquor from the house of petitioner. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. There is no independent witness of the alleged seizure. He has no concern with the alleged recovery. Nothing incriminating has been recovered from his

Patna High Court CR. MISC. No.6280 of 2023(2) dt.11-04-2023 2/2 conscious possession. He is languishing in judicial custody since 27.12.2022. A statement has been made in para 3 of the petition that petitioner has no criminal antecedent. Learned APP appearing for the State has opposed the prayer of Bail.

Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Special Judge Exclusive Excise Court, Patna City in connection with Nadi P.S. Case No. 512 of 2022. (Sunil Kumar Panwar, J) nirajkrs/- U T