Patna High CourtCR. MISC./9315/2024bail granted

Subodh Ray v. The State Of Bihar

2024-02-19Mr. Justice R. P. Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.9315 of 2024 Arising Out of PS. Case No.-196 Year-2021 Thana- SARAI RANJAN District- Samastipur ====================================================== Subodh Ray Son Of Yogendra Ray Resident Of Village- Bajitpur Meyari, P.S.- Sarairanjan, District- Samastipur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Gajendra Kumar Singh, Advocate For the Opposite Party/s :

Mr. Akbar Ali, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 19-02-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Sarairanjan P.S. Case No. 196 of 2021 instituted for the offences under Sections 30(a) of the Bihar Prohibition and Excise Act.

3. Prosecution story, in short, is that total 1494.78 litres foreign made liquor was recovered from an orchard of Arjun Singh.

4. Learned counsel for the petitioner submitted that the petitioner has falsely been implicated in the present case. No incriminating article has been recovered from the conscious possession of the petitioner. Petitioner has no concern with the alleged recovery of liquor nor with the place where the recovery

Patna High Court CR. MISC. No.9315 of 2024(2) dt.19-02-2024 2/2 has been made. It has been submitted on behalf of the petitioner that the petitioner is in custody since 08.01.2024 and has one criminal antecedent. There is no compliance of Section 100 of the Cr.P.C.

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

6. Considering the aforesaid facts and circumstances of the case and the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.

7. Let the petitioner be released on bail, after submission of charge-sheet, if not already submitted on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Sarairanjan P.S. Case No. 196 of 2021.

(Rudra Prakash Mishra, J) Alok Verma/- U T