Amit Ray v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.30045 of 2020 Arising Out of PS. Case No.-89 Year-2020 Thana- DERNI BAZAR District- Saran ====================================================== AMIT RAY S/o Yogendra Ray Resident of Village-Bhatwaliya, Sutihar, P.S.- Derni, District-Saran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rakesh Kumar Sharma, Mr.Ravi Prakash Dwivedi, Advocates.

For the Opposite Party/s :

Mr. Chandra Bhushan Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 25-11-2020 Heard Mr. Rakesh Kumar Sharma, learned counsel for the petitioner and Mr. Chandra Bhushan Prasad, Additional Public Prosecutor for the state through video conferencing.

2. Petitioner seeks regular bail in connection with Derni PS Case No. 89/2020 registered for the offence punishable under Sections 30/30(a) of Bihar Prohibition & Excise Act 2016.

3. The allegation, as per First Information Report, is that the police on the basis of confidential report proceeded towards the place of occurrence and upon seeing the police party accused persons tried to flee away and managed to escape. However, the police recovered total quantity of 60 litres of country made liquor from the place of occurrence and village Chaukidar disclosed the name of the petitioner as one of the accused persons.

4. Learned counsel for the petitioner submits that the petitioner has got no criminal antecedent and he has falsely been

Patna High Court CR. MISC. No.30045 of 2020(2) dt.25-11-2020 2/2 implicated in this case merely on the basis of his name having been disclosed by village Chaukidar. Learned counsel further submits that no illicit liquor has been recovered from the conscious possession of the petitioner or from the premises belonging to him.

5. Learned counsel for the petitioner further submits that petitioner is in custody since 07.06.2020.

6. Having regard to the submissions made by the parties and taking into consideration the material on record and the fact that the petitioner has got no criminal antecedent and is in custody since 07.06.2020 , I am inclined to grant regular bail to the petitioner.

7. Accordingly, let the petitioner, AMIT RAY 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, Saran, Chapra in connection with Derni PS Case No. 89/2020.

8. It is made clear that at the time of furnishing bail bonds, all the parties shall follow the guidelines of social distancing. (Anil Kumar Sinha, J) perwez U T