Prem Kumar Ray @ Pram Kumar Ray v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.20714 of 2018 Arising Out of PS.Case No. -9 Year- 2018 Thana -ANGARGHAT District- SAMASTIPUR ====================================================== Prem Kumar Ray @ Pram Kumar Ray S/o Suresh Ray R/o Village Supaul Ward No. 7, P.S. Angarghat, District - Samastipur. .... .... Petitioner/s
Versus
The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Bijay Bhushan Prasad, Advocate. For the Opposite Party/s : Mr. Abhay Kumar - 1, APP. ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 16-04-2018 Heard learned counsel for the petitioner and learned APP for the State.
The petitioner seeks bail in Angarghat P.S. Case No. 9 of 2018 registered under Sections 272 and 273 of the Indian Penal Code and Sections 30(a), 38(1) and 38(2) of the Bihar Prohibition and Excise Act, 2016.
41⁄2 litres of foreign liquor is said to have been recovered from the possession of the petitioner. It is submitted by learned counsel for the petitioner that no incriminating article has been recovered from the conscious physical possession of the petitioner. As a matter of fact, the petitioner runs a general store at Rewari Dhala Chowk. Police was demanding illegal money from the petitioner and on
Patna High Court Cr.Misc. No.20714 of 2018 (2) dt.16-04-2018 2/2 refusal to cough up the aforesaid demand, he has been falsely implicated in the case by the police by planting aforesaid recovery from his possession. He has no concern with the seized liquor. He was not apprehended on the spot. Though he has been remanded in one more case under Excise Act on the basis of confessional statement, but he is on bail in the aforesaid case. He has been languishing in custody since 24.02.2018.
Considering the facts aforesaid, the above named petitioner is directed to be enlarged 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 learned 3rd Additional Sessions Judge cum Special Judge, Excise Act, Samastipur in connection with Angarghat P.S. Case No. 09 of 2018. (Prakash Chandra Jaiswal, J) Mishra/- U T