Lalu Ray @ Lal Bahadur Ray v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.21938 of 2021 Arising Out of PS. Case No.-536 Year-2019 Thana- SAKRA District- Muzaffarpur ====================================================== Lalu Ray @ Lal Bahadur Ray Son Of Ram Saresh Ray @ Ramshreshtha Ray R/O Village- Gangapur, P.S.- Pusa (WAINI O.P.), Dist.- Samastipur ... ... Petitioner/S

Versus

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

For the Petitioner/s :

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

Mr.Md. Matloob Rab, Addl Public Prosecutor ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 15-07-2021 Heard learned counsel for the petitioner and the State. Petitioner seeks regular bail in a case registered for the offence punishable under Section 420 and other allied sections of the Indian Penal Code and section 30a of the Bihar Prohibition and Excise Act.

As per the prosecution case, 5817 liters of foreign liquor was recovered from a pick up van and this petitioner is alleged to have fled away from the place of occurrence after seeing the police party.

Learned counsel appearing for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. No incriminating material has been recovered from the conscious possession of the petitioner and he is no way concerned with the alleged recovery. Petitioner is in custody since24.2.2020. Several Similarly situated co-accused have

Patna High Court CR. MISC. No.21938 of 2021(2) dt.15-07-2021 2/2 already been allowed bail by this Court vide paras 7,8 and 9 of the bail petition.

Learned counsel appearing for the State opposes the prayer for bail.

Considering the facts of the case and the period of custody of the petitioner, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Special Judge, Excise Act, Muzaffarpur in Sakra Police Station Case No. 536 of 2019 on the following conditions:-

(1) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and shall remain physically present as directed by the Court and on his/her absence on two consecutive dates without sufficient reason, his/her bail bond shall be cancelled by the Court below.

(2) If the petitioner tampers with the evidence or the witnesses, in that case the prosecution will be at liberty to move for cancellation of bail.

(Prabhat Kumar Singh, J) Shashi U T