Nand Kishor Ray v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.32315 of 2021 Arising Out of PS. Case No.-399 Year-2020 Thana- PAROO District- Muzaffarpur ====================================================== Nand Kishor Ray Son of Ram Pukar Ray Resident of Village - Batrauliya, P.S. - Paroo, Dist. - Muzaffarpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rajeev Ranjan No.II, Advocate For the Opposite Party/s :

Ms. Pronoti Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 26-11-2021 The present petition has been taken up for consideration through the mode of Video Conferencing in view of the prevailing situation on account of Covid 19 pandemic, requiring social distancing.

Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks regular bail in connection with Paroo P.S. Case No. 399 of 2020 instituted for the offences under Sections 30 and 30(a) of the Bihar Prohibition and Excise Act, 2016.

Learned counsel for the petitioner submits that the petitioner is in custody since 03.03.2021, charge-sheet has been submitted in the case and is a person with clean antecedent. Learned counsel for the petitioner submits that from

Patna High Court CR. MISC. No.32315 of 2021(2) dt.26-11-2021 2/2 bare perusal of the allegation as alleged in the F.I.R. it would manifest that allegation is of recovery of 1994 liters of foreign liquor from a van which does not belong to the petitioner nor the petitioner is the driver of the said vehicle and he came to be implicated in that case because he was not willing to grease the hands of the police.

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 03.03.2021, charge-sheet has been submitted in the case and the petitioner is a person with clean antecedent, let the petitioner above named be released on bail on furnishing bail bond of Rs. 5,000/- (Rupees Five Thousand only) with two sureties of the like amount each to the satisfaction of learned Special Judge, Excise Act, Muzaffarpur in connection with Paroo P.S. Case No. 399 of 2020 subject to the condition as laid down under Section 437 (3) Cr.P.C.

(Satyavrat Verma, J) Rishi/- U T