Vijay Ray v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.25302 of 2020 Arising Out of PS. Case No.-72 Year-2020 Thana- SARAIYA District- Muzaffarpur ====================================================== VIJAY RAY, Male, aged about 51 years, Son of Ramswroop Ray, Resident of Village - Gobindpur, P.S. - Saraiya Jaitpur O.P., District - Muzaffarpur. ... ... Petitioner

Versus

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

For the Petitioner :

Mr.Ugranath Mallik For the Opposite Party :

Mr. Matloob Rub, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 29-09-2020 Due to COVID-19 Pandemic, the matter is being taken up by way of virtual Court proceeding.

The matter has been listed under the heading 'For Orders' under the orders of Hon'ble the Chief Justice. Learned counsel for the petitioner is directed to remove the defects, as pointed out by the office within a period of four weeks, after restoration of normalcy. Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner seeks bail in a case for the offence registered under Sections 272, 273/34 of the I.P.C. and 30(a) of the Bihar Prohibition and Excise Act, 2016.

Patna High Court CR. MISC. No.25302 of 2020(2) dt.29-09-2020 2/3 The prosecution story, in brief, is that total 887.760 liters wine is said to have been recovered.

It has been submitted by learned counsel for the petitioner that the petitioner is languishing in custody since 06.02.2020. The petitioner has got no criminal antecedent. Charge sheet/prosecution report has been submitted in the present case. There is no allegation of tampering with the witnesses alleged against the petitioner. The petitioner has falsely been implicated in the present case. It is alleged that total 887.760 liters wine is recovered from one Magic Truck, two Motorcycles and from the house of co-accused Pappu Kumar and Dipak Kumar. The petitioner has got no concern with the aforesaid vehicles and house in question. There is no compliance of Section 100 Cr. P.C.

On behalf of the State, it is submitted that the petitioner is named in the F.I.R/ Complaint Case. Considering the aforesaid facts and circumstances of the case, the petitioner above named, is directed to be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional District Judge-II-cum-Special Judge (Excise Act), Muzaffarpur, in connection with G.O. Case No.

Patna High Court CR. MISC. No.25302 of 2020(2) dt.29-09-2020 3/3 238/2020 in Gobindpur Jaitpur O.P. P.S. Case No. 72/2020. (Sudhir Singh, J) U.K./- U T