Megha Ray @ Meghanath Ray v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.29314 of 2023 Arising Out of PS. Case No.-71 Year-2023 Thana- DARIYAPUR District- Saran ====================================================== MEGHA RAY @ MEGHANATH RAY, aged about 55 years, Gender- Male, Son of Shyam Bahadur Ray Resident of Village - Saray Dih, P.S.- Dariyapur, District - Saran at Chapra.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Basant Kumar Singh, Advocate Mr.Vishesh Kumar Singh, Advocate For the Opposite Party/s :

Mr.Shyam Bihari Singh, App ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 18-05-2023

1. Heard learned counsel for the petitioner and the learned APP for the State.

2. Petitioner seeks regular bail in connection with Dariyapur P.S. Case No. 71 of 2023 dated 19.02.2023 registered for the offence(s) punishable under Section(s) 30(a) of the Bihar Prohibition and Excise Act.

3. The main submissions advanced by the learned counsel for the petitioner are that the instant matter relates to the recovery of 120 litres of country made wine and 500 litres of 'pass' (raw material) and the same are stated to have been recovered from the bank of a canal and the said recovery was made before two police personnel who have been made witnesses of the seizure and admittedly the petitioner was not arrested at the

Patna High Court CR. MISC. No.29314 of 2023(2) dt.18-05-2023 2/3 spot of recovery and as per allegation, local persons and police chowkidar who gathered at the place of recovery, disclosed the name and identity of this petitioner as being involved in manufacturing and keeping the alleged wine and against the petitioner there is criminal antecedent of one case in which he is on bail. Further submissions are that the alleged place of recovery is a public place which is accessible to everyone and petitioner has been dragged in this case merely on the basis of information provided by the villagers and Chowkidar and he has been languishing in jail since 23.03.2023 and against him, the investigation has been completed.

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

5. 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 and also the the completion of investigation against the petitioner, I deem it fit and proper to admit the petitioner to the privilege of bail.

6. Accordingly, let the petitioner named-above be enlarged on bail in connection with Dariyapur P.S. Case No. 71 of 2023 on furnishing bail bond of Rs.10,000/-(Ten Thousand) with

Patna High Court CR. MISC. No.29314 of 2023(2) dt.18-05-2023 3/3 two sureties of the like amount each to the satisfaction of the Court concerned.

(Shailendra Singh, J) Sanjay/- U T