Ashok Ray v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.27871 of 2020 Arising Out of PS. Case No.-23 Year-2020 Thana- MOTIPUR District- Muzaffarpur ====================================================== ASHOK RAY S/o Late Methru Ray Resident of Village- Harpur Juneda, P.S.- Motipur, District- Muzaffarpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sunil Kumar Pandey For the Opposite Party/s :

Mr. Anand Mohan Mehta ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 04-11-2020 The present petition has been taken up for consideration through the mode of Video conferencing in view of the prevailing situation on account of COVID 19 Pandemic, requiring social distancing.

Heard the learned counsel for the petitioner and Shri Anand Mohan Mehta, the learned A.P.P. for the State. The petitioner seeks regular bail in connection with Motipur P.S. Case No. 23 of 2020 for the offence registered under Sections 30(a), 41(1)(2) of the Bihar Prohibition & Excise Act.

The allegation is regarding recovery of 33.990 litres of illicit foreign liquor from the house of the petitioner. The learned counsel for the petitioner has submitted that the petitioner is innocent, has been falsely implicated in the

Patna High Court CR. MISC. No.27871 of 2020(2) dt.04-11-2020 2/2 present case and he is languishing in custody since 07.06.2020. Per contra, the learned counsel 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 period of incarceration of the petitioner herein as also the fact that the petitioner is having a clean antecedent, I deem it fit and proper to direct for release of the petitioner herein on regular bail. Accordingly, the petitioner, above named, is directed to be released 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 Special Judge, Excise Act, Muzaffarpur in connection with Motipur P.S. Case No. 23 of 2020. (Mohit Kumar Shah, J) S.Sb/- U T