Baidhnath Ray @ Vaidhnath Ray v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36831 of 2023 Arising Out of PS. Case No.-98 Year-2023 Thana- WARISNAGAR District- Samastipur ====================================================== BAIDHNATH RAY @ VAIDHNATH RAY S/O SRI GULAB RAY R/O Vill. Ward No. 2, Purnahi, PS. Warisnagar, Dist. Samastipur, Pin Code-848301 ... ... Petitioner

Versus

The State Of Bihar ... ... Opposite Party ====================================================== Appearance :

For the Petitioner/s :

Mr. Satyabir Bharti For the Opposite Party/s :

Mr. Kalyan Shankar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 07-08-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is apprehending his arrest in a case registered for the offences punishable under Section 30(A) of the Bihar Prohibition and Excise Act.

3. Learned counsel for the petitioner submits that petitioner is innocent and has been falsely implicated in this case. He submits that there is no recovery from the conscious possession of the petitioner rather 6633.36 liters of foreign liquor is said to have recovered from a truck and a pick up van. He submits that on the basis of the secret information the name of the petitioner has been transpired in this case. He submits that there is no recovery made from the conscious possession of the petitioner. He further submits that petitioner has got three criminal antecedents out of which two are of similar nature as

Patna High Court CR. MISC. No.36831 of 2023(2) dt.07-08-2023 2/3 stated in para-3 of the bail application.

4. Petitioner is agreed to deposit a sum of Rs. 1,00,000.00/- (Rupees One Lakh) in the account of Patna High Court Legal Services Committee, Patna, bearing Account No. 1413010060836, IFSC Code: PUNB0141320, Punjab National Bank, Bar Council Branch, Patna.

5. Considering the facts and circumstance of the case and the fact that there is no recovery from the conscious possession of the petitioner, let the above named petitioner, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, be enlarged on bail on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Waris Nagar P.S. Case No. 98 of 2023, subject to the condition as laid down under Section 438 (2) of the Cr.P.C., with further conditions: (i) One of the bailors will be his own blood relative, preferably, father, mother, brother, sister and/or his wife. (ii) The petitioner shall not indulge himself in any similar offence till conclusion of the trial.

6. The bail bond of the petitioner shall be accepted by

Patna High Court CR. MISC. No.36831 of 2023(2) dt.07-08-2023 3/3 the learned Court below on showing receipt of the aforesaid amount in the account of Patna High Court Legal Services Committee, Patna.

(Anjani Kumar Sharan, J) ajay/- U T