Suman Ray v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.24538 of 2020 Arising Out of PS. Case No.-95 Year-2020 Thana- DIDARGANJ District- Patna ====================================================== SUMAN RAY S/o Munshi Lal Ray @ Munshi Ray Resident of VillageDidarganj Ward No.72, P.S.-Didarganj, District-Patna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Jay Ram Prasad, Adv.

For the Opposite Party/s :

Mr.Sanjay Kumar Pandey, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 23-09-2020 Heard learned counsel for the petitioner and learned APP for the State.

Since the physical court proceeding is non-functional, due to present pandemic COVID-19, the matter is listed with defects.

Learned counsel for the petitioner undertakes to remove the defects within three weeks of resumption of physical court proceeding. In the eventuality of non-removal of defects within undertaken period, the office will place the matter before the Bench.

The petitioner seeks bail in a case registered for the offence punishable under Sections 30 (a)/36 of the Bihar Prohibition and Excise (Amendment) Act, 2018 and Section 414 of the Indian Penal Code.

Prosecution case as lodged by the police personnel is

Patna High Court CR. MISC. No.24538 of 2020(2) dt.23-09-2020 2/3 that on secret information that illegal wine was loading, a raid was conducted. After seeing the police, 5-6 persons who were present there, fled away. Thereafter, the informer identified and disclosed their name as Pankaj Kumar, Raja Kumar, Pujan Ray, Ravi Kumar, Sipahi Ray and Suman Ray (petitioner). Learned counsel for the petitioner submits that there is no recovery from the conscious possession of the petitioner. He submits that petitioner was not arrested from the place of occurrence. He submits that seized vehicles are not belonged to the petitioner. He further submits that petitioner has no criminal antecedent as stated in para-3 of the bail application and he is languishing in judicial custody since 06.05.2020. Petitioner is agreed to deposit a sum of Rs.10,000.

00 (Rupees Ten Thousand) in the Chief Minister Relief Fund, Bihar, bearing Account No.2065104000002257, IFSC IBKL0002065, IDBI Bank, Kidwaipuri Branch, Patna. In the facts and circumstances of the case, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.20,000/- (rupees twenty thousand) with two sureties of the like amount each to the satisfaction of the learned Special Judge, Excise, Patna in connection with Special Case No. 3308/2020 arising out of Didarganj Police Station Case No.

Patna High Court CR. MISC. No.24538 of 2020(2) dt.23-09-2020 3/3 of 2020.

The bail bond of the petitioner shall be accepted by the learned Court below on showing receipt of deposit of Rs.10,000.00 (Rupees Ten Thousand) in the Chief Minister Relief fund.

(Anjani Kumar Sharan, J) devendra/- U T