Raja Ray v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.27409 of 2019 Arising Out of PS. Case No.-143 Year-2018 Thana- GANGABRIDGE District- Vaishali ====================================================== RAJA RAY Son of Late Ratan Ray Resident of Village - Terasia, P.S.- Ganga Bridge Hajipur, Distt - Vaishali.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Manish Kumar No.2, Advocate.

For the Opposite Party/s :

Mr.Gauri Shankar Gupta, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 06-05-2019 Heard learned counsel for the petitioner and the State.

The petitioner seeks bail in Ganga Bridge P.S. Case No. 143 of 2018, instituted for the offence under Section(s) 30(a), 38 and 47 of the Bihar Prohibition and Excise (Amendment) Act, 2018/Bihar Prohibition and Excise Act, 2016.

It is alleged in the written report that 2630 litres of foreign liquor has been recovered from the house of the petitioner.

Seizure list is part of the First Information Report which does not bear signature of the petitioner. Counsel for the petitioner submits that there is no compliance of provision of Section 100 Cr. P.C. He further

Patna High Court CR. MISC. No.27409 of 2019(3) dt.06-05-2019 2/2 submits that co-accused Ram Pravesh Ray with similar allegation has already been granted bail by this Court vide order dated 24.4.2019 passed in Cr. Misc. 26627 of 2019. Petitioner is in custody since 4.1.2019 having clean antecedent.

Considering the aforesaid facts and circumstances of the case, prayer of the petitioner for grant of bail is allowed. Let the petitioner above named, 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 learned Additional Sessions Judge-II-cum-Special Judge, Hajipur, Vaishali, in connection with Ganga Bridge P.S. Case No. 143 of 2018, subject to the condition that both the bailors will be close relatives of the petitioner.

(Sanjay Priya, J) S.Ali/- U T