Sipahi Ray @ Sipahi Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.32898 of 2020 Arising Out of PS. Case No.-89 Year-2020 Thana- GOVERNMENT OFFICIAL COMP. District- Nawada ====================================================== Sipahi Ray @ Sipahi Ram Son of Sri Rajendra Ray Resident of VillageMaujipur, P.S.- Nadi, District- Patna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ashok Kumar Choudhary, Adv.

Mr. Akshansh Ankit, Adv.

For the Opposite Party/s :

Dr. Ajeet Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 09-12-2020 Heard learned counsel for the petitioner and learned APP for the State through video conferencing. The instant application for regular bail has been filed by the petitioner in connection with G.O.No. 89 of 2020 registered for the offence punishable under sections 30(a) and 56(b) of the Bihar Prohibition and Excise Act, 2016. As per the prosecution case, on search a total of 750 litres of country liquor and 168 litres of beer was recovered from the Bolero vehicle being driven by the petitioner. It is submitted by learned counsel for the petitioner that the allegation of recovery from the vehicle of the petitioner is false and concocted. No recovery of any incriminating article has taken place. It is further submitted that the memorandum of

Patna High Court CR. MISC. No.32898 of 2020(2) dt.09-12-2020 2/2 arrest of the petitioner is in violation of section 41B of the Code of Criminal Procedure and the procedures laid down and requirement of section 100 of the Cr.P.C. has also not been followed. The petitioner has a valid goods permit. He is in custody since 20.6.2020 and has no criminal antecedent. The application for bail is opposed by learned APP for the State.

Having heard learned counsel for the parties and taking into consideration that from the vehicle which was being driven by this petitioner, total of 918 litres of illicit liquor was been recovered, this Court is not inclined to enlarge the petitioner on bail for the present.

The application is rejected.

However, in the facts and circumstances of the case, the petitioner may renew his prayer for bail on completing one year of custody.

(Partha Sarthy, J) Bibhash/- U T