Aanand Kumar Ray @ Biku Ray @ Anand Rai @ Vikku Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.24041 of 2020 Arising Out of PS. Case No.-17 Year-2020 Thana- PUSA District- Samastipur ====================================================== Aanand Kumar Ray @ Biku Ray @ Anand Rai @ Vikku Rai Son of Ram Prasad Rai Resident of Village - Malikaur, P.S.- Pusa, District - Samastipur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Dilip Kumar Roy For the Opposite Party/s :

Mr.Anil Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 17-09-2020 Heard learned counsel for the petitioner and learned A.P.P. for the State through Video Conferencing. The petitioner seeks bail in Pusa P.S. Case No. 17 of 2020, registered for the offence punishable under Sections 30(a) of Bihar Prohibition and Excise Act 2016.

As per prosecution case, there is recovery of illicit foreign liquor from the forest near the Bathan of accused persons.

It is submitted on behalf of the petitioner that petitioner is innocent and has committed no offence and has falsely been implicated in this case. Nothing has been recovered from the conscious possession of the petitioner. Nor from the house of the petitioner, any recovery has been effected. It is further submitted that one of the co-accused (Sudhir Kumar Rai)

Patna High Court CR. MISC. No.24041 of 2020(2) dt.17-09-2020 2/2 has already been granted bail by this Court, vide order dated 13-05-2020 in Cr.Misc. No. 17089 of 2020 (Annexure-2). Petitioner is in custody since 21.02.2020, having clean antecedent.

Considering the aforesaid facts, the petitioner abovenamed, is directed to be released on bail on furnishing bail bond of Rs. 10,000 (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge 2nd cum Special Judge Excise, Samastipur in connection with Pusa P.S. Case No. 17 of 2020, subject to following conditions:- (i) The petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the Court and in the event of failure on two consecutive dates without sufficient reasons, his bail bond shall be liable to be cancelled by the court below.

(ii) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner.

(Prabhat Kumar Singh, J.) anay U T