Patna High CourtCR. MISC./22328/2024bail granted

Milan Rai @ Milan Kumar v. The State Of Bihar

2024-03-29Mr. Justice Satyavrat Verma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.22328 of 2024 Arising Out of PS. Case No.-411 Year-2023 Thana- PARSA District- Saran ====================================================== Milan Rai @ Milan Kumar Son of Ram Balak Ray Resident of Village- Saray Saho, P.S.- Dariyapur, District- Saran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Nalin Kumar For the Opposite Party/s :

Mr.Dilip Kumar No. 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 29-03-2024

1. Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in anticipation of his arrest in a case registered for the offences punishable under Section 30(a) of the Excise Act.

3. The learned counsel for the petitioner submits that the petitioner is a person with clean antecedent and the allegation is of recovery of 50.360 litres of liquor from a car.

4. The learned counsel for the petitioner submits that petitioner was not arrested from the spot, as such, nothing was recovered from his conscious possession and he is not the owner nor the driver of the seized vehicle and he came to be implicated based on secret information, which is the easiest way to implicate someone. It is next submitted that it appears that the

Patna High Court CR. MISC. No.22328 of 2024(2) dt.29-03-2024 2/2 police in order to save the real culprit falsely implicated the petitioner based on secret information taking advantage of his antecedents.

5. Learned A.P.P. opposes the bail application.

6. Considering the submissions made by the learned counsel for the petitioner, the petitioner, above-named, in the event of his arrest or surrender before the learned Court below within a period of six weeks, is directed to be released on bail on his furnishing bail-bonds in the sum of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of the learned 3rd Exclusive Special Excise Judge, Saran at Chapra in connection with Parsa P. S. Case No.411 of 2023, subject to the conditions laid down under Section 438(2) of the Cr.P.C.

7. The application stands allowed.

(Satyavrat Verma, J) vikash/- U T