Ramlal Ray @ Ram Lal Ray v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.32009 of 2022 Arising Out of PS. Case No.-395 Year-2018 Thana- SAKRA District- Muzaffarpur ====================================================== RAMLAL RAY @ RAM LAL RAY Son of Late Yogendra Ray Resident of Village - Dubaha, Police Station- Sakra, District - Muzafffarpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ranjan Kumar For the Opposite Party/s :

Mr.Akbar Ali ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER 10-08-2022 Let the defect(s), as pointed out by the office, be removed within a period of four weeks from today. Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks bail in connection with Sakra P.S. Case No. 395 of 2018 registered for the offences punishable under Sections 272 and 273 of the Indian Penal Code read with Section 30(a) of the Bihar Prohibition and Excise Amendment Act.

As per prosecution case, there is alleged recovery of 166.32 litres foreign liquor from the hut situated infront of the door of petitioner.

Learned counsel for the petitioner submits that petitioner is in custody since 16.04.2022. Petitioner bears one

Patna High Court CR. MISC. No.32009 of 2022(2) dt.10-08-2022 2/3 criminal antecedent of similar nature. Charge sheet has already been submitted in the case and there is no likelihood of tampering with the prosecution evidence. Learned counsel further submits that nothing has been recovered from the conscious possession or personal possession of the petitioner. The hut from where recovery has been made does not belong to the petitioner. Petitioner has no connection with the seized liquor or hut. Petitioner is not apprehended on spot. The learned A.P.P. for the State vehemently opposes the prayer for bail of the petitioner.

Considering the facts and circumstances of the case as well as period of custody, petitioner is not apprehended on spot, charge-sheet has already been submitted and there is no likelihood of tampering with the prosecution evidence and also taking into consideration the material available on record, let the petitioner above named be released on bail after framing of charge on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Special Excise Court No. - 1, Muzaffarpur in connection with Sakra P.S. Case No.

Patna High Court CR. MISC. No.32009 of 2022(2) dt.10-08-2022 3/3 mother or sister or brother or wife or the person who has sworn the affidavit in bail application.

(ii) Petitioner will co-operate in trial and will remain present on all dates and absence for two consecutive dates without appropriate permission would be a ground for cancellation of bail by the learned Trial court itself. (iii) If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

(Alok Kumar Pandey, J) amitkr/- U T