Anil Ray v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.29429 of 2021 Arising Out of PS. Case No.-359 Year-2020 Thana- SAKRA District- Muzaffarpur ====================================================== ANIL RAY, Son of Ram Nandan Rai Resident of Village- Sarmastpur, P.S.- Sakra, District- Muzaffarpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Hari Kishore Thakur- Advocate For the Opposite Party/s :

Mr. Anil Kumar Singh No.1- A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 30-11-2021 Heard the learned Advocate for the petitioner and the learned APP for the State.

The petitioner seeks bail in connection with Sakra P. S. Case No.359 of 2020, instituted for the offences under Sections 30(a) and 35 of the Bihar Prohibition and Excise Act, 2016.

The learned counsel for the petitioner submits that the petitioner is in custody since 28.01.2021 and charge-sheet has been submitted in this case.

Allegation is of recovery of 1208.85 litres of foreign liquor from near a PACCS godown and accordingly, seizure list was prepared.

The learned counsel for the petitioner submits that from perusal of the allegation as alleged in the F.I.R., it would

Patna High Court CR. MISC. No.29429 of 2021(3) dt.30-11-2021 2/2 manifest that the informant alleges that he had information that Hare Krishna, Anil Ray (petitioner) and Sonu Kumar Chaurasiya were indulging in sale of foreign liquor and they kept the same in the PACCS godown where from the liquor was recovered.

The learned counsel for the petitioner submits that petitioner has no concern with the alleged liquor as it was found near the road and the petitioner has been falsely implicated. The learned A.P.P. for the State opposes the bail application.

Considering the fact that the petitioner is in custody since 28.01.2021 and charge-sheet has been submitted in this case, the petitioner, above-named, is directed to be released on bail on his furnishing bail-bonds in the sum of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge, Excise Act, Muzaffarpur in connection with Sakra P. S. Case No.359 of 2020.

The application stands allowed.

(Satyavrat Verma, J) vikash/- U T