Pilla Ray v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.37519 of 2023 Arising Out of PS. Case No.-715 Year-2023 Thana- GOVERNMENT OFFICIAL COMP. District- Patna ====================================================== 1.

PILLA RAY Son of Late Mohan Ray Resident of village - Jafrabad Tok, P.S. - Raghopur, Distt. - Vaishali 2.

AAZAD KUMAR Son of Nunu Ray Resident of village - Jafrabad Tok, P.S. - Raghopur, Distt. - Vaishali ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Jay Ram Prasad For the Opposite Party/s :

Mr. Sharda Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 28-06-2023 Learned counsel for the petitioners is permitted to remove defect (s), as pointed out by the office, if any, within a period of four weeks on resumption of physical mode. Heard learned counsel for the petitioners and learned A.P.P for the State.

The petitioners have preferred this application for grant of regular bail in connection with Special Case No. 3849 of 2023 arising out of Excise (Prohibition) Patna P.S. Case No. 715 of 2023 dated 28.04.2023 registered for the offences punishable u/s section 30(a) of the Bihar Prohibition and Excise Act.

As per the prosecution case, 190 litres of illicit liquor

Patna High Court CR. MISC. No.37519 of 2023(2) dt.28-06-2023 2/2 was recovered near the bank of the river, Ganga. Learned counsel for the petitioners has submitted that the petitioners are innocent and have falsely been implicated in this case. Nothing has been recovered from the conscious possession of the petitioners. The petitioners have clean antecedent as stated in para 3 of the bail petition. The petitioners are in custody since 29.04.2023.

Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioners.

Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioners abovenamed, are directed to be enlarged on bail on furnishing bailbond of Rs.20,000/- (Rupees Twenty Thousand) each with two sureties of the like amount each to the satisfaction of learned Court concerned, Patna in connection with Special Case No. 3849 of 2023 arising out of Excise (Prohibition) Patna P.S. Case No. 715 of 2023.

The application stands allowed.

(Chandra Prakash Singh, J) guddukr/- U T