Kangali Ray @ Kanhai Ray v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.22761 of 2023 Arising Out of PS. Case No.-25 Year-2022 Thana- BIDUPUR District- Vaishali ====================================================== Kangali Ray @ Kanhai Ray Son Of Shivajee Ray Resident Of VillageDaudnagar, Ps- Bidupur, Distt- Vaishali ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Anuj Kumar For the Opposite Party/s :

Mr.Parmanand Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 15-05-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in anticipation of his arrest in a case registered for the offences punishable under Section 30(a) of the Excise Act, 2018.

The learned counsel for the petitioner submits that the petitioner has antecedent of one case and the allegation is of recovery of 110 litre of liquor of mixed fluid of mahua and jaggery recovered from the Ganga river.

The learned counsel for the petitioner submits that petitioner was not arrested from the spot, as such, nothing was recovered from his conscious possession. It is next submitted that the name of the petitioner was disclosed by the local Chaukidar with whom he is on an inimical term and even the

Patna High Court CR. MISC. No.22761 of 2023(2) dt.15-05-2023 2/2 recovery is from a place which is accessible to public at large. Learned A.P.P. opposes the bail application.

Considering the submissions made by the learned counsel for the petitioner, the petitioner, above-named, in the event of his arrest or surrender before the learned Court below within a period of six weeks, is directed to be released on bail on his furnishing bail-bonds in the sum of Rs. 5,000/- (Rupees Five Thousand) with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Excise Court No.1cum-Additional District and Sessions Judge, Vaishali at Hajipur in connection with Bidupur P. S. Case No.25 of 2022, subject to the conditions laid down under Section 438(2) of the Cr.P.C. The application stands allowed.

(Satyavrat Verma, J) vikash/- U T