Patna High CourtCR. MISC./25767/2019bail granted

Ramesh Ray v. The State Of Bihar

2019-04-22Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.25767 of 2019 Arising Out of PS. Case No.-145 Year-2018 Thana- GOVERNMENT OFFICIAL COMP. District- Vaishali ====================================================== Ramesh Ray Son of Ram Barai Ray, Resident of Village-Pakri, Police StationBidupur, District-Vaishali. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Manish Kumar No2 For the Opposite Party/s :

Mr.Madan Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 22-04-2019 Heard both sides.

The petitioner apprehends his arrest in C2A Case No.145 of 2018 registered under Section 30(a) of the Bihar Prohibition and Excise Act.

According to the prosecution report, the recovery of Indian made foreign liquor was made from village Mile situated in Baliapur Diyar.

Learned counsel for the petitioner submits that from perusal of column 2 of the prosecution report, petitioner Ramesh Ray is a resident of village Pakri, P.S.-Bidupur, District-Vaishali and the hut from where recovery was made does not belong to the petitioner.

Having considered the facts that the recovery was

Patna High Court CR. MISC. No.25767 of 2019(2) dt.22-04-2019 2/2 made from a hut but there is no material to show that the hut belongs to the petitioner, the above named petitioner, in the event of his arrest or surrender before the learned court below within a period of four weeks from the date of receipt/production of a copy of this order, is directed to be enlarged 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 C2A Case No.145 of 2018, subject to the conditions as laid down under Section 438

(2) of the Code of Criminal Procedure.

(Prabhat Kumar Jha, J) Harish/- U T