Akhilesh Ray v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.11559 of 2023 Arising Out of PS. Case No.-417 Year-2022 Thana- WARISNAGAR District- Samastipur ====================================================== AKHILESH RAY S/O LATE MOHIT RAY R/v- Malpur, P.S.- Patepur, District- Vaishali ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rana Sanjay Kumar Singh For the Opposite Party/s :

Mr.Nagendra Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 23-06-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for regular bail in a case instituted for the offence under Section 30(a) of the Bihar Prohibition and Excise Act.

As per prosecution case, there has been recovery of 450 liters of illegal IMFL from a Tata Magic vehicle, Registration No. BR01GA-6058.

It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. He has committed no offence. Petitioner is the owner of the seized vehicle but has not apprehended on spot. He submitted that the petitioner has no concern with the seized liquor. Nothing incriminating article has been recovered from the conscious possession of the petitioner. Petitioner has got no criminal

Patna High Court CR. MISC. No.11559 of 2023(3) dt.23-06-2023 2/2 antecedent as stated in para-3 of the bail petition. He is languishing in judicial custody since 29.12.2022. The application for bail is opposed by learned APP for the State.

The petitioner is directed to deposit Rs. 10,000/- (ten thousand) in the account of concerned DLSA.

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 concerned Court in connection with Warisnagar P.S. Case No. 417 of 2022.

The bail bond of the petitioner shall be accepted by the learned Court below on showing receipt of deposit of Rs. 10,000/- (ten thousand) by the petitioner in the account of concerned DLSA.

(Sunil Kumar Panwar, J) arish/- U T