Sahdev Ray v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.21468 of 2020 Arising Out of PS. Case No.-579 Year-2019 Thana- BARH District- Patna ====================================================== Sahdev Ray, aged about 44 years (M) Son of Singeshwar Ray Resident of Village - West Malahi, P.S.- Barh, District - Patna ... ... Petitioner

Versus

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

For the Petitioner :

Mr.Sanjay Kumar, Advocate For the Opposite Party :

Mr.Pradeep Narain Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 24-07-2020 Heard learned counsel for the petitioner and learned Additional Public Prosecutor appearing on behalf of the State. The petitioner is apprehending arrest in connection with Barh P.S. Case No. 579 of 2019 for offences under Section 30(A) of the Bihar Prohibition and Excise Act, 2016. Learned counsel for the petitioner submits that the petitioner has no criminal antecedent.

In the instant case, on the basis of secret information, raid was conducted and 35 litres of country made liquor was seized from the hutment of Kamlesh Ray and 215 litres of country made liquor was seized from the hutment of Rudal Rai. Learned counsel for the petitioner submits that the petitioner has no concern with trade of liquor and nothing was recovered from his possession or from his hutment.

Patna High Court CR. MISC. No.21468 of 2020(2) dt.24-07-2020 2/2 Considering the fact that nothing was recovered from possession of the petitioner or from his hutment, the Court is inclined to grant bail to him subject to the condition that the petitioner has to deposit Rs.25,000/- in cash. On depositing the amount of Rs.25,000/-, petitioner, above-named, in the event of arrest or surrender within one month from today, shall be released on bail on furnishing bail bond of Rs. 25,000/- (Rupees twenty five thousand) each with two sureties of the like amount each to the satisfaction of Special Judge (Excise), Patna in connection with Barh P.S. Case No. 579 of 2019, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. Deposit of Rs.25,000/- (Rupees twenty five thousand) shall abide by final outcome of the instant criminal case. (Anil Kumar Upadhyay, J) BT/- U T