Nandlal Ray v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.11754 of 2020 Arising Out of PS. Case No.-725 Year-2019 Thana- KUDHNI District- Muzaffarpur ====================================================== NANDLAL RAY Son of Jay Murat Ray @ Jamurat Ray Resident of Village - Mohanpur, P.S.- Kudhani, District- Muzaffarpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Pankaj Kumar For the Opposite Party/s :

Mr. Kalyan Shankar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 04-03-2020 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner apprehends his arrest in a case registered for the offences punishable under Section 272, 273 & 34 of the Indian Penal Code and Section 30 (a) of the Bihar Prohibition and Excise Act, 2016.

30.750 liters of wine is said to have been recovered from the unreconstructed house of the petitioner and petitioner managed to escape.

It is submitted by learned counsel for the petitioner that no incriminating article has been recovered from the conscious physical possession of the petitioner. The petitioner has no concern either with the seized liquor or any trade of liquor. Petitioner was not apprehended at the spot. He has been falsely implicated due to dirty village politics. The

Patna High Court CR. MISC. No.11754 of 2020(2) dt.04-03-2020 2/2 house of the petitioner is under construction and open and easily accessible to anyone. He has no criminal antecedent. Petitioner is agreed to deposit Rs.15,000.00 (Rupees Fifteen Thousand) in the Juvenile Justice Fund of the State Social Welfare Department, bearing Saving Account No.35094613009 of the State Bank of India.

Having regard to the facts and circumstances of the case, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of the learned Special Judge, Excise Act, Muzaffarpur in connection with Kudhani (Turkey O.P.) P.S. Case No. 725 of 2019, G.R. No.2149 of 2019, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

The bail bond of the petitioner shall be accepted by the learned Court below on showing receipt of deposit of Rs.15,000.00 (Rupees Fifteen Thousand) in the Juvenile Justice Fund of the State Social Welfare Department.

(Anjani Kumar Sharan, J) Trivedi/- U T