Chandraveer Ray @ Chandrabeer Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.19224 of 2023 Arising Out of PS. Case No.-207 Year-2022 Thana- CHACKMEHSI District- Samastipur ====================================================== Chandraveer Ray @ Chandrabeer Rai Son Of Ram Lakhan Rai R/O VillageSahuri, P.S.- Chakmehsi, District- Samastipur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ajay Kumar Tiwary For the Opposite Party/s :

Mr.Rajendra Prasad Nat ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 12-04-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for regular bail in a case registered for the offence punishable under section 30(a), 32(ii), 41(i)(ii) of the Bihar Prohibition and Excise Act, 2016. It is a case of recovery of total 3133.08 liters liquor and 20 liters mahua from the alleged truck and pickup van and co-accused apprehended on the spot. After that this case has been lodged.

Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case merely on the basis of confessional statement of co-accused, namely, Nand Kishor Sahni. Petitioner has no concern with the alleged recovery

Patna High Court CR. MISC. No.19224 of 2023(2) dt.12-04-2023 2/2 which was recovered from the truck and pickup and the same are not belong to him. Neither petitioner has been arrested on the spot nor vehicles in question belong to him. It is further submitted that seizure list has not been prepared as per provision of law. Moreover he is languishing in judicial custody since 25.01.2023.

Learned APP appearing for the state has opposed the prayer of regular bail.

Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as judicial custody, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Chakmehsi P.S. Case No. 207 of 2022 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge Excise Court No-I, Samastipur.

(Sunil Kumar Panwar, J) Manish/- U