Vijay Ray v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.37051 of 2021 Arising Out of PS. Case No.-119 Year-2020 Thana- PATORI District- Samastipur ====================================================== VIJAY RAY S/o- BHAGWAN DAYAL RAY Resident of Village- Mohanpur Pathar Ghat, P.O. Mohanpur, P.S.- Patori, District- Samastipur. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Anu Priyadarshni For the Opposite Party/s :

Mr.A.G.

====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 15-12-2021 Heard the learned counsel for the petitioner and the learned APP for the State.

The petitioner seeks regular bail in connection with Patori P.S. Case No. 119/2020, registered for the offence punishable under Sections 272, 273 of the Indian Penal Code and Section 30(a) of the Bihar Prohibition and Excise Act.

The allegation is regarding recovery of 80 liters of illicit liquor from two jute sacks kept hidden in the tube of a truck.

The learned counsel for the petitioner has submitted that the petitioner is innocent, he has

Patna High Court CR. MISC. No.37051 of 2021(2) dt.15-12-2021 2/3 been falsely implicated in the present case, he is having a clean antecedent and he is languishing in custody since 23.3.2021. The learned counsel for the petitioner has further submitted that the petitioner has not been arrested from the spot and he has been later on falsely implicated in the present case.

Per contra, the learned APP for the State has vehemently opposed the prayer for bail.

Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the petitioner and taking into account the materials available on record as also considering the period of incarceration of the petitioner herein, I deem it fit and proper to direct for release of the petitioner on regular bail.

Accordingly, the above named petitioner is directed to be enlarged on bail on furnishing bail bonds of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Session II cum

Patna High Court CR. MISC. No.37051 of 2021(2) dt.15-12-2021 3/3 Special Judge, Samastipur in connection with Patori P.S. Case No. 119 of 2020.

(Mohit Kumar Shah, J) Ajay/- U T