Nagendra Ray @ Karipawa @ Karithwa v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.23004 of 2023 Arising Out of PS. Case No.-22 Year-2022 Thana- AKILPUR District- Saran ====================================================== Nagendra Ray @ Karipawa @ Karithwa, Son of Ramjee Rai, Resident of Village- Purani, Panapur, P.S- Akilpur, District- Saran ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ghanshyam Tiwary, Advocate For the Opposite Party/s :
Mr. Pranav Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 12-05-2023
1. Heard learned counsel for the petitioner and the learned APP for the State.
2. Petitioner seeks regular bail in connection with S.Tr. No. 825 of 2022, arising out of Akilpur P.S. Case No. 22 of 2022 dated 26.03.2022 registered for the offences punishable under Sections 30 (a) and 32(1) of Bihar Prohibition and Excise Act.
3. The main submissions advanced by the learned counsel for the petitioner are that the instant matter relates to the recovery of 100 litres of country made liquor and the same is stated to have been recovered from Diara area which is a public
Patna High Court CR. MISC. No.23004 of 2023(2) dt.12-05-2023 2/3 place and as per the allegation the accused persons were indulged in manufacturing of illicit liquor and at the place of recovery some people found manufacturing the alleged liquor and the said liquor was also recovered but as per FIR several persons have been shown as being involved in the alleged crime but petitioner was not apprehended at the spot and similarly situated two co-accused persons namely, Santosh Rai and Vijay Rai have been granted bail by different benches of this court vide orders passed in Cr. Misc. No. 63599 of 2022 and and Cr. Misc. No. 21332 of 2023 respectively and the petitioner has fair and clean antecedent and against him the investigation has been completed and there is no independent witness of the seizure of the alleged wine.
4. Learned APP appearing for the State opposes the bail prayer.
5. Considering the above submissions and mainly petitioner's fair and clean antecedent and completion of investigation against him and also the fact that similarly situated two co-accused persons mentioned above are on bail, in the opinion of this court, the petitioner deserves to a lenient approach of this court. Accordingly, let the petitioner be released on bail in connection with S. Tr. No. 825 of 2022, arising out of
Patna High Court CR. MISC. No.23004 of 2023(2) dt.12-05-2023 3/3 Akilpur P.S. Case No. 22 of 2022 on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the Court concerned. (Shailendra Singh, J) Rajiv/- U T