Banty Ray @ Nitish Kumar Ray @ Nitish Ray v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.27532 of 2022 Arising Out of PS. Case No.-120 Year-2021 Thana- SIMRI District- Buxar ====================================================== Banty Ray @ Nitish Kumar Ray @ Nitish Ray Son Of Parmatma Ray R/O Vill. And P.O.- Ekwana, P.S.- Simari, Dist.- Buxar. ... ... Petitioner
Versus
The State of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioner/s :
Mr. Dr. Kamal Deo Sharma, Advocate For the Opposite Party/s :
Ms. Renu Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 05-08-2022 Heard learned counsel appearing on behalf of the petitioner and learned counsel appearing on behalf of the State through virtual Court proceedings.
Let the defect(s), if any, be removed within a period of four weeks from today.
The petitioner seeks bail in connection with Simari P.S. Case No. 120 of 2021 registered for the offence under Sections 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2018.
The accused/petitioner is named in the F.I.R. and is in custody since 25.03.2022.
The allegation against the petitioner is to be engaged in illegal trade of illicit liquor, where, there is recovery of 475.200 litres of IMFL from the baswari of the accused persons.
Patna High Court CR. MISC. No.27532 of 2022(2) dt.05-08-2022 2/3 Learned counsel appearing on behalf of the petitioner submitted that recovery of illicit liquor has not been made from the conscious possession of the petitioner, as same is from the bush developed over the barren land and further, name of the petitioner surfaced on the basis confessional statement of coaccused, namely, Ramji Rai, who has already been granted bail by one of the learned co-ordinate Bench of this Court through Cr. Misc. No. 41618 of 2021 dated 16.11.2021. While concluding the argument, it has been submitted that investigation has been completed, for which, charge-sheet has been submitted, as such, there is no chance of tampering with the evidence.
Learned APP, while opposing the prayer of bail, fairly conceded the fact that recovery is made from the bush developed over barren land, as per seizure list. Considering the facts and circumstances as mentioned above, as recovery is not made from conscious physical possession of the petitioner coupled with the fact that chargesheet has been submitted, let the petitioner, above named, is directed to be released on bail in connection with Simari P.S. Case No. 120 of 2021 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount
Patna High Court CR. MISC. No.27532 of 2022(2) dt.05-08-2022 3/3 each to the satisfaction of the Learned Exclusive Special Judge Excise Court No.-02, Buxar/concerned court, subject to the conditions as mentioned under Section 437(3) of Cr.P.C.
(Chandra Shekhar Jha, J) pooja/- U T