Uday Ray v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No 39293 of 2023 Arising Out of PS. Case No.-169 Year-2019 Thana- SALIMPUR District- Patna ====================================================== UDAY RAY son of Late Amar Nath Ray @ Nanhak Ray RAGHOPUR GWAL TOLI POLICE STATION JURAWANPUR DISTRICT VAISHALI ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr Ashok Kumar Kashyap, Advocate For the Opposite Party/s :
Mr Akbar Ali, APP ====================================================== CORAM: HONOURABLE MR JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 05-07-2023 Heard learned counsel for the petitioner and the learned APP.
The petitioner has preferred this application for grant of regular bail in connection with Salimpur PS Case No 169 of 2019 dated 11.08.2019 registered for the offence punishable under Sections 30 (a), 32 (1) (2) (3), 38, (1) (2) (3) and 41 (1) of Bihar Prohibition and Excise Act.
As per the prosecution case, 5328 litres of illicit foreign liquor was recovered from the truck.
Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. The petitioner has two antecedents, as stated in paragraph 3 of the bail petition. He is in custody in this case since
Patna High Court CR. MISC. No.39293 of 2023(2) dt.05-07-2023 2/2 12.04.2023. It is further submitted that the petitioner was identified by the local persons in the torch light while he was fleeing away.
Learned APP has vehemently opposed the bail petition of the petitioner.
Considering the aforesaid facts and circumstances of the case, the period of custody as well as the nature of allegation against the petitioner, the petitioner above named is directed to be released on bail on his furnishing bonds of Rs 20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of Special Judge, Excise, Barh, Patna in Special Case No 7192 of 2019 arising out of Salimpur PS Case No 169 of 2019 dated 11.08.2019.
This application stands allowed.
(Chandra Prakash Singh, J) M.E.H./- U T