Ashok Rai @ Ashok Ray @ Ashok Prasad Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.45568 of 2021 Arising Out of PS. Case No.-327 Year-2021 Thana- MADHAURAH District- Saran ====================================================== ASHOK RAI @ ASHOK RAY @ ASHOK PRASAD YADAV Son of Gorakh Ray Resident of Village- Khalispur, P.S.- Marhowrah, District- Saran at Chapra.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Dewendra Narayan Singh, Adv.

For the Opposite Party/s :

Mr. Yogendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 31-01-2022 Heard learned counsel for the parties through video conferencing.

The petitioner has preferred this application for grant of regular bail in a case registered under sections 30 and 30(a) of the Bihar Prohibition and Excise Act, 2016. As per the prosecution case, on a raid being conducted 521.625 litres of liquor was recovered, however, four accused persons managed to escape. The local villagers etc. disclosed the identity of the four accused persons which included the petitioner herein.

It is submitted by learned counsel for the petitioner that neither the petitioner was arrested at the spot nor any incriminating article has been recovered from his possession. He

Patna High Court CR. MISC. No.45568 of 2021(2) dt.31-01-2022 2/2 has no concern with the seized liquor. He has been falsely implicated in the case because of his antecedent. He is in custody since 4.7.2021 and chargesheet has been submitted in the case.

Heard learned A.P.P. for the State.

Having heard learned counsel for the parties and taking into consideration the facts of the case, the petitioner not being arrested at the spot and having remained in custody for over 6 months, the Court directs the petitioner to be enlarged on bail in connection with Madhaura P.S. Case no. 327 of 2021 on furnishing bail bond of Rs.10,000/ (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned 2nd Additional Sessions Judge-cum-Special Judge, Excise, Saran at Chapra. (Partha Sarthy, J) Bibhash U