Anil Ray v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.30565 of 2021 Arising Out of PS. Case No.-49 Year-2021 Thana- GOVERNMENT OFFICIAL COMP. District- Patna ====================================================== 1.

ANIL RAY S/o Late Khudi Ray R/o- Marufganj Pathar Ghat, P.S.- Malsalami, Distt- Patna.

2.

RATAN KUMAR S/o Sukindar Ray R/o- Marufganj Pathar Ghat, P.S.- Malsalami, Distt- Patna.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Nityanand Kumar For the Opposite Party/s :

Mr.A.G.

====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 09-12-2021 Heard the learned counsel for the petitioners and the learned APP for the State.

The petitioners seek regular bail in connection with (Government Official) P.R. case no. 49 of 2021 instituted for the offences punishable under Section 30(a) of Bihar Prohibition and Excise Act, 2016.

The allegation is regarding recovery of 100 liters of illicit liquor from a motorcycle and the petitioners are stated to have been arrested from the spot.

The learned counsel for the petitioners has submitted that the petitioners are innocent, have been falsely implicated in the present case, are having clean antecedent and

Patna High Court CR. MISC. No.30565 of 2021(2) dt.09-12-2021 2/2 are languishing in custody since 09.02.2021. The learned counsel for the petitioners has further referred to paragraph no. 8 of the present petition to submit that the petitioners are having no concern with the recovered motorcycle.

Per contra, the learned A.P.P. for the State has vehemently opposed the prayer for bail.

Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the parties and taking into account the materials available on record as also considering the fact that the petitioners are stated to be having no concern with the motorcycle in question, from which the illicit liquor has been recovered, I deem it fit and proper to admit the petitioners to the privilege of bail. Accordingly, the abovenamed petitioners are directed to be released on bail on furnishing bail bond of Rs. 10,000/- (Rs. Ten thousand) each with two sureties of the like amount each to the satisfaction of learned court of Special Judge, Excise, Patna in connection with (Government Official) P.R. case no. 49 of 2021. (Mohit Kumar Shah, J) rinkee/- U T