Mahesh Kumar Ray v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.22837 of 2022 Arising Out of PS. Case No.-24 Year-2022 Thana- LAUKAHI District- Madhubani ====================================================== MAHESH KUMAR RAY Son of Malhu Ray Resident of Village - Kushaha, P.S.- Pato, Distt.- Saptari (Nepal) ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ratanakar Jha, Advocate For the Opposite Party/s :
Ms. Indu Kumari Srivastava, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 06-05-2022 Heard learned counsel for the petitioner and learned A.P.P. for the State through virtual Court proceedings. Let the defect(s), if any, be removed within a period of four weeks after complete start of the physical Court. The petitioner seeks bail in a case registered for the offences punishable under Sections 272, 273/34 of the Indian Penal Code read with Section 30(a) of the Bihar Prohibition and Excise Act, 2016.
Learned counsel for the petitioner submits that the petitioner is in custody since 27.01.2022, is a person with clean antecedent and charge-sheet has been submitted. Allegation is of recovery of 130 litres of liquor from a sack loaded at a Bajaj Pulsor Motorcycle.
Learned counsel for the petitioner submits that petitioner is not the owner of the motorcycle and had taken lift
Patna High Court CR. MISC. No.22837 of 2022(2) dt.06-05-2022 2/2 and came to be implicated when the search was being made and, as such, was not knowing what was kept in the sack. Learned A.P.P. for the State vehemently opposes the prayer for regular bail of the petitioner.
Considering the fact that the petitioner is in custody since 27.01.2022, is a person with clean antecedent and chargesheet has been submitted, the petitioner, above named, is directed to be released on bail on furnishing bail bond of Rs.5,000/- (Rupees Five Thousand) with two sureties of the like amount each to the satisfaction of learned Court below where the case is pending in connection with Laukahi P.S. Case No. 24 of 2022.
(Satyavrat Verma, J) Kundan/- U T