Jagdish Ray v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.30321 of 2020 Arising Out of PS. Case No.-295 Year-2020 Thana- SAKRA District- Muzaffarpur ====================================================== JAGDISH RAY Son of Ram Nandan Ray Resident of Village- Sabaha, P.S.- Sakra, District- Muzaffarpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Hari Kishore Thakur For the Opposite Party/s :

Mr. Shailendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 24-11-2020 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 Shailendra Kumar, the learned A.P.P. appearing for the State.

The petitioner seeks regular bail in connection with Sakra P.S. Case No. 295 of 2020 for the offence punishable under Section 30(a) and 35 of the Bihar Prohibition and Excise Act, 2016.

The allegation is regarding recovery of 64.150 litres of illicit foreign liquor from the house of the petitioner. The learned counsel for the petitioner has

Patna High Court CR. MISC. No.30321 of 2020(2) dt.24-11-2020 2/2 submitted that the petitioner is innocent, has been falsely implicated in the present case, is having a clean antecedent and is languishing in custody since 06.07.2020.

Per contra, the learned Additional Public Prosecutor has vehemently opposed the prayer for regular bail, made by the petitioner.

Having regard to the facts and circumstances of the case, considering the submissions advanced by the learned counsel for the parties and taking into account the period of incarceration of the petitioner herein as also the fact that he is having a clean antecedent, I deem it fit and proper to direct for release of the petitioner on regular bail.

Accordingly, the petitioner, above named, is directed to be released on regular bail on furnishing bail-bonds of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned Special Judge (Excise), Muzaffarpur in connection with Sakra P.S. Case No. 295 of 2020. (Mohit Kumar Shah, J) Tiwary/- U T