Ashok Ray v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.24439 of 2021 Arising Out of PS. Case No.-341 Year-2020 Thana- BOCHAHAN District- Muzaffarpur ====================================================== ASHOK RAY S/O JOGINDAR RAY R/o village- Rudahan Santhi, P.S.- Bochahan, Distt.- Muzaffarpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Hari Kishore Thakur, Adv.

For the Opposite Party/s :

Mr.Anant Kumar No.1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 05-07-2021 Heard learned counsel for the petitioner and learned A.P.P. for the State through virtual court proceedings. Learned counsel for the petitioner undertakes to remove the defects, as pointed out by the office, within four weeks of resumption of normal court proceeding. In the eventuality of non-removal of defects within undertaken period, the office will place the matter before the Bench.

The petitioner seeks bail in connection with Bochahan P.S. Case No.341 of 2020, registered for the offence punishable under Sections 272/273 of the IPC and section 30(a) of the Bihar Prohibition and Excise Act.

Altogether 33.75 liters of foreign liquor is said to have been recovered from Bamboo orchard of one Shyam Ray. Petitioner and others are alleged to have been involved in selling

Patna High Court CR. MISC. No.24439 of 2021(2) dt.05-07-2021 2/3 of liquor.

It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has not committed any offence as alleged in the F.I.R. He has been falsely implicated in the present case out of enmity and previous grudge due to dirty local politics. No such offence, as alleged has ever took place. It is further submitted that no incriminating article has been recovered from the conscious physical possession of the petitioner. He has no concern either with the seized liquor or the place of recovery or any trade of liquor. The said Bamboo orchard does not belong to the petitioner and he has not been arrested on the spot. Petitioner has no criminal antecedent and has been languishing in custody since 10.01.2021. Petitioner is agreed to deposit a sum of Rs. 5,000.00 (Rupees Five Thousand) in the PM Cares fund, bearing Account No.2121PM20202, IFSC Code: SBIN 0000691, SWIFT Code: SBININBB104, State Bank of India, New Delhi Main Branch, UPI ID : pmcares@sbi.

Having regard to the facts and circumstances of case, let the above named petitioner, be released on bail, on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of

Patna High Court CR. MISC. No.24439 of 2021(2) dt.05-07-2021 3/3 learned Special Judge, Excise Act, Muzaffarpur, in connection with Bochahan P.S. Case No.341 of 2020, with the following conditions:- (1) One of the bailors will be own close relative of the petitioner who will give on affidavit genealogy as to how he is relative to petitioner. The bailor will also undertake to inform the court if there is any change in the address of the petitioner. (2) The petitioner shall not indulge himself in any similar offence till conclusion of the trial, failing which, his bail bonds shall be liable to be cancelled by the learned court concerned.

The bail bond of the petitioner shall be accepted by the learned Court below on showing receipt of deposit of Rs.5,000.00 (Rupees Five Thousand) in the PM Cares fund. (Anjani Kumar Sharan, J) pallavi/- U T