Binod Ray v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.30611 of 2023 Arising Out of PS. Case No.-689 Year-2022 Thana- MAHUA District- Vaishali ====================================================== BINOD RAY SON OF KAMESHWAR RAY RESIDENT OF VILLAGESADAPUR, PS- MAHUA, DISTT- VAISHALI ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ram Jiban Pd. Singh, Advocate For the Opposite Party/s :

Mr. Mohammed Arif, Addl. Public Prosecutor ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 19-05-2023 Heard learned counsel for the petitioner and the State. Petitioner apprehends arrest in a case registered for the offence punishable under Section 30(a) of Bihar Prohibition Excise Act and Section 272, 273/34 of Indian Penal Code. Prosecution case is that 189 litres of country made liquor was recovered from the tempo.

Learned counsel appearing for the petitioner submits that nothing has been recovered from the conscious possession of the petitioner. Petitioner is not the owner nor the driver of the said vehicle. Petitioner has got no criminal antecedent. Learned counsel for the State opposed the prayer for bail.

Considering the facts of the case, in the event of arrest/surrender within six weeks from today, let the petitioner,

Patna High Court CR. MISC. No.30611 of 2023(2) dt.19-05-2023 2/2 above named, 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 Ananya Spl. Prohibition and Excise Court (2nd) cum Additional District and Sessions Judge, Hazipur, Vaishali in connection with Mahua Police Station Case No. 689 of 2022 subject to the conditions laid down under section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Singh, J) Alok Verma/- U T