Milan Ray v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.18167 of 2020 Arising Out of PS. Case No.-38 Year-2020 Thana- AWTARNAGAR District- Saran ====================================================== MILAN RAY S/o Arjun Rai R/o village- Maujampur Phulwariya Tola, P.S.- Awatarnagar, District- Saran at Chapra, Bihar ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Krishna Kumar Yadav For the Opposite Party/s :

Mr.Ajay Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 09-06-2020 The proceedings of the Court are being conducted through Video Conferencing and the Advocates joined the proceedings through Video Conferencing from their residence. Heard learned counsel for the petitioner and learned counsel for the State.

Petitioner, who is in custody, seeks bail in a case registered for the offence punishable under Sections 188, 272, 273 and 308 of the I.P.C. and Sections 30, 30(A)/38 of Bihar Excise and Prohibition Act, 2016.

Allegation against petitioner and other co-accused is of preparing 115 litres of country made liquor and on seeing police, all accused persons tried to escape, however petitioner was apprehended after chase and one motorcycle was also

Patna High Court CR. MISC. No.18167 of 2020(3) dt.09-06-2020 2/3 recovered from the possession of petitioner.

It has been submitted on behalf of petitioner that petitioner is innocent and has been falsely implicated in this case. Nothing was recovered from the possession of petitioner. At the time of apprehending he was working in his agricultural field and motorcycle which was recovered from the possession of petitioner does not belong to him. Petitioner is in custody since 17.02.2020.

Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 20,000/- (twenty thousand) with two sureties of the like amount each to the satisfaction of learned court below, in connection with Awatarnagar P.S. Case No. 38 of 2020 subject to the conditions that:-

(1) Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.

(2) Petitioner shall co-operate in the trial and shall be represented on each and every date fixed by the court.

(3) If the petitioner tampers with the evidence or the witnesses of the case, in that case,

Patna High Court CR. MISC. No.18167 of 2020(3) dt.09-06-2020 3/3 prosecution will be at liberty to move for cancellation of bail of the petitioner.

(4) If the petitioner is found involved in similar nature of offences, after his release on bail the trial court shall take steps to cancel his bail bond.

(S. Kumar, J) veena/rajivU T