Patna High CourtCR. MISC./26909/2024bail granted

Navin Rai @Nabin Rai@ Navin Ray v. The State Of Bihar

2024-04-09Mr. Justice Ramesh Chand Malviya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.26909 of 2024 Arising Out of PS. Case No.-4 Year-2024 Thana- Lakho District- Begusarai ====================================================== Navin Rai @Nabin Rai@ Navin Ray SON OF LATE MAHADEV ROY @ LATE MAHADEO RAI @ MAHADEV ROY RESIDENT OF VILLAGEDHABOULI (DHABAULI), (DHOBAULI), WARD NO. 13, PS- LAKHO, DIST- BEGUSARAI ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sandip Kumar Gautam, Advocate For the Opposite Party/s :

Mr.Bharat Lal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 09-04-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Lakho P.S. Case No. 04 of 2024 instituted for the offences punishable under Section 30(a) of Bihar Prohibition and Excise Act.

3. As per the prosecution case, total 900 ml. of illicit foreign liquor has been recovered from the shop of the petitioner.

4. Learned counsel for the petitioner submits that petitioner is innocent and has committed no offence. He has falsely been implicated in this case only due to his criminal antecedent. He has no concern with the alleged recovery.

Patna High Court CR. MISC. No.26909 of 2024(2) dt.09-04-2024 2/2 Nothing incriminating article has been recovered from his conscious possession. Both the seizure list witnesses are police personnel which is complete violation of Section 100 of Cr.P.C. Petitioner is languishing in judicial custody since 09.03.2024.

5. Learned APP for the State has vehemently opposed the prayer for bail.

6. Considering the facts and circumstances of the case and submissions made on behalf of the petitioner as well as period of custody of the petitioner, let the above named petitioner be released on bail on furnishing bail bonds of Rs. 2,000/- (Two Thousand) with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Judge Excise-I, Begusarai in connection with Lakho P.S. Case No.04 of 2024.

(Ramesh Chand Malviya, J) lata/- U T