← Library
Patna High CourtCR. MISC./18842/2019bail granted

Photo Ray v. The State Of Bihar

2019-03-29Mr. Justice Ashutosh Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.18842 of 2019 Arising Out of Complaint Case No.-47 Year-2019 District- Saharsa ====================================================== Photo Ray, aged about 51 year, Gender-Male, S/o Achutanand Ray, resident of village - Mahishi, P.S. - Mahishi, District - Saharsa ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Uday Shankar Choudhary For the Opposite Party/s :

Mr.Madan Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 29-03-2019 Heard the learned counsel for the petitioner and the State.

The petitioner seeks bail in anticipation of his arrest in connection with Special Case No. 47 of 2019 dated 20.01.2019 in which cognizance has been taken under Sections 30(a) of the Bihar Prohibition and Excise Act, 2016 of the Indian Penal Code.

6.3 litres of liquor is said to have been recovered from a thatched house standing over a government land which is said to be of the petitioner.

Learned counsel for the petitioner has submitted that the thatched house is accessible to anyone and there is

Patna High Court CR. MISC. No.18842 of 2019(2) dt.29-03-2019 2/2 door in the aforesaid house. The place from where recovery is said to have been made is accessible to all and sundry as it stands on a government land. Thus, the recovery cannot be said to be from the possession of the petitioner. The petitioner does no have any criminal antecedents.

For the aforesaid facts, the petitioner, abovenamed, is directed to be released on bail, in the event of his arrest or surrender before the court below within a period of four weeks from the date of receipt / production of a copy of this order, on his furnishing bail bonds in the sum of Rs. 10,000 /- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Special Judge, Excise, Saharsa in connection with Special Case No. 47 of 2019 dated 20.01.2019, subject to the conditions as laid down under Section 438 (2) Cr.P.C.

(Ashutosh Kumar, J) skm/- U