Patna High CourtCR. MISC./8227/2023bail granted

Shravan Kumar Ray @ Shravan Ray v. The State Of Bihar

2023-05-03Mr. Justice Sandeep Kumar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.8227 of 2023 Arising Out of PS. Case No.-124 Year-2022 Thana- KUNAULI District- Supaul ====================================================== SHRAVAN KUMAR RAY @ SHRAVAN RAY S/O LILADHAR RAY Resident of Village- Thariya Ward No.- 09, Nirmali, District- Supaul. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Arvind Kumar For the Opposite Party/s :

Mr.Khurshid Anwar ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 03-05-2023 Heard learned counsel for the petitioner and learned Additional Public Prosecutor appearing on behalf of the State. Let the defect(s), if any, be removed within a period of four weeks from today.

The petitioner seeks regular bail in connection with S. Tr. No. 1671/2022, arising out of Kunauli (Dagmara O.P.) P.S. Case No. 124 of 2022, registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2018.

Learned counsel for the petitioner submits that no recovery of illicit liquor has been made from the conscious possession of the petitioner. As per seizure list, total 73.800 litres of illicit liquor has been recovered from the vehicle. Petitioner was not owner of the vehicle. Petitioner is in custody

Patna High Court CR. MISC. No.8227 of 2023(2) dt.03-05-2023 2/3 since 18.11.2022.

Learned APP has vehemently opposed the prayer for bail. He said that petitioner having five similar nature of antecedents.

Considering the nature of allegation levelled against the petitioner, his period of custody and the petitioner is in custody since 18.11.2022, this application is allowed. Let the petitioner, above named, be released on bail after framing of charge, on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Judge, Excise Court No. 2, Supaul in connection with S. Tr. No. 1671/2022, arising out of Kunauli (Dagmara O.P.) P.S. Case No. 124 of 2022.

This is also subject to the conditions that (I) the petitioner would cooperate in the proceeding of the court below. The trial court is directed to expedite the trial of all the cases which are registered against the petitioner. In the event of failure to appear on two consecutive dates, the court below will be at liberty to pass appropriate order including cancellation of bail bonds of the petitioner and (ii) the petitioner shall mark his presence in Kunauli (Dagmara O.P.) Police Station, District-

Patna High Court CR. MISC. No.8227 of 2023(2) dt.03-05-2023 3/3 Supaul on first Sunday of every month, failing which, his bail bonds shall be cancelled by the court below.

(Sandeep Kumar, J) Ranjeet/- U T