Patna High CourtCR. MISC./23448/2024bail granted

Ajay Ray @ Jaya Ray v. The State Of Bihar

2024-03-22Mr. Justice R. P. Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.23448 of 2024 Arising Out of PS. Case No.-283 Year-2023 Thana- DIDARGANJ District- Patna ====================================================== Ajay Ray @ Jaya Ray S/o- Rambabu Ray @ Late Rambabu Yadav VillageRikabganj Didarganj W.No-72, Ps- Didarganj Dist- patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Jay Ram Prasad, Advocate For the Opposite Party/s :

Mr.Shahabuddin Azeem @ S. Azeem, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 22-03-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in Didarganj P.S. case No. 283 of 2023 instituted for the offences under Sections 30(a), 36 and 37 of the Bihar Prohibition and Excise Act.

3. The prosecution case, in short, is that 50 liters liquor was recovered from the bag of co-accused Ashok Kumar.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. No incriminating material has been recovered from the conscious possession of the petitioner. The petitioner has got no concern with the alleged recovery of liquor. It is further submitted that the name of the petitioner has transpired

Patna High Court CR. MISC. No.23448 of 2024(2) dt.22-03-2024 2/2 on the basis of confessional statement of co-accused namely Ashok Kumar. The petitioner is in custody since 17.02.2024 and has got one criminal antecedent. There is no compliance of Section 100 of Cr.P.C.

5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.

6. Considering the aforesaid facts and circumstances of the case and the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.

7. Let the petitioner be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Didarganj P.S. case No. 283 of 2023.

(Rudra Prakash Mishra, J) Pankaj/- U T