Mantun Ray v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.24449 of 2024 Arising Out of PS. Case No.-351 Year-2023 Thana- SAMASTIPUR District- Samastipur ====================================================== 1.

Mantun Ray SON OF LATE DIPA RAY RESIDENT OF VILLAGESUPAUL TARIYA, PS- MAHUA, DIST- VAISHALI 2.

ROHIT BIN SON OF SRI BIND @ SRI BIN RESIDENT OF VILLAGEGARKATTI, PS- LAURIYA, DIST- EAST CHAMPARAN ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sunil Kumar Singh For the Opposite Party/s :

Mr.Sangeeta Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 28-03-2024 Heard learned counsel appearing on behalf of the parties.

2.

The petitioners seek bail in connection with Samstipur (Town) P.S. Case No.351 of 2023 registered for the offence under Sections 30(a), 32(ii)(iii), 41(i)(ii) of the Bihar Prohibition and Excise Act.

3.

As per FIR, there is recovery of 92.25 litre of illicit liquor from a car bearing registration no.BR01CE3436. 4.

Learned counsel appearing on behalf of the petitioners has submitted that petitioners have falsely been implicated in the present case. It is submitted that recovery of alleged illicit liquor was not made from conscious physical

Patna High Court CR. MISC. No.24449 of 2024(2) dt.28-03-2024 2/3 possession of the petitioners. It is submitted that seizure list appears doubtful being not supported by independent witnesses, rather by police personnels. It is further submitted that petitioners are men of clean antecedent and they are in custody since 23.12.2023.

5.

Learned APP appearing for the State, opposes the prayer for bail of the petitioners. 6.

Considering the facts and circumstances and submissions made on behalf of the petitioners, let both the petitioners, above named, are directed to be released on bail, after framing of the charge, in connection with Samstipur (Town) P.S. Case No.351 of 2023 on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Exclusive Special Judge, Excise-I, Samastipur.

7.

The trial court is directed to conclude the proceeding of framing of charge according to law within a period of 15 (fifteen) days from the date of receipt of a copy of this order. However, it is made clear that if the charge-sheet has not been submitted then the above named petitioners shall be released on bail on furnishing bail bond with further condition that the petitioners have to present physically on each

Patna High Court CR. MISC. No.24449 of 2024(2) dt.28-03-2024 3/3 and every date before the Trial Court till conclusion of the proceeding of framing of charge.

(Ramesh Chand Malviya, J) S.Katyayan/- U T