Indrajeet Ray @ Indrajeet Kumar @ Jitu Ray v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.17421 of 2023 Arising Out of PS. Case No.-456 Year-2019 Thana- SURSAND District- Sitamarhi ====================================================== INDRAJEET RAY @ INDRAJEET KUMAR @ JITU RAY Son of Chandeshwar Rai R/o village - Narayanpur, Ward No.- 4, P.S.- Pupri, Dist.- Sitamarhi.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Santosh Kumar For the Opposite Party/s :
Mr.Asha Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 12-05-2023 Heard learned counsel for the petitioner and learned APP for the State.
The petitioner has prayed for bail in a case registered for the offence punishable under sections 30(a), 38, 41 of the Bihar Prohibition and Excise Act.
Prosecution case relates to recovery of 1683 litres nepali liquor from a pick-up van contained in 47 bags and petitioner is the owner of the said vehicle.
Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He has got no criminal antecedent. Petitioner has no concern with the alleged recovery. Because of his ownership, he has been implicated in the present case. Neither the petitioner
Patna High Court CR. MISC. No.17421 of 2023(2) dt.12-05-2023 2/2 was arrested nor any incriminating article has been recovered from his possession. Petitioner is languishing in judicial custody since 13.1.2023.
Learned APP appearing for the State has opposed the prayer of Bail.
Petitioner is directed to deposit Rs. 20,000/- (Rs. twenty thousand) in the 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 Exclusive Special Excise Court No.-II, Sitamarhi in connection with Sursand P.S. Case No. 456 of 2019.
The bail bonds of the petitioner shall be accepted by the learned court below on showing receipt of deposit of Rs. 20,000/- (twenty thousand only) by the petitioner in the account of concerned DLSA.
(Sunil Kumar Panwar, J) sushma/- U