Patna High CourtCR. MISC./37741/2024bail granted

Jay Kishor Ray v. The State Of Bihar

2024-05-16Mr. Justice R. P. Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.37741 of 2024 Arising Out of PS. Case No.-87 Year-2024 Thana- WARISNAGAR District- Samastipur ====================================================== Jay Kishor Ray Son Of Late Munai Rai @ Late Munni Rai @ Late Muneshwar Ray R/O- Vill- Kashor Ward No 3,P.S- Warisnagar, DistSamastipur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ranjan Kumar, Advocate For the Opposite Party/s :

Mr. Akbar Ali, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 16-05-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in Warisnagar P.S. Case No. 87 of 2024, instituted for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise Act.

3. The prosecution case, in short, is that, 15 liters liquor was recovered from the house of the petitioner. The petitioner was apprehended on spot.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. No incriminating material has been recovered from the conscious possession of the petitioner. The petitioner has got no concern with the alleged recovery of liquor. It is further

Patna High Court CR. MISC. No.37741 of 2024(2) dt.16-05-2024 2/2 submitted that the said house is a joint family property where other family members also reside. The petitioner is in custody since 03.04.2024 and has got one criminal antecedent in which the petitioner has been granted anticipatory bail. There is no compliance of Section 100 of Cr.P.C.

5. Learned APP for the State has vehemently opposed the prayer for grant of bail to the petitioner.

6. Considering the aforesaid facts and circumstances of the case and the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.

7. Let the petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Warisnagar P.S. Case No. 87 of 2024.

(Rudra Prakash Mishra, J) Rajorshi/- U T