Patna High CourtCR. MISC./38848/2023bail granted

Arun Ray @ Arun Kumar v. The State Of Bihar

2023-07-05Mr. Justice Chandra Prakash Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.38848 of 2023 Arising Out of PS. Case No.-94 Year-2023 Thana- MALSALAMI District- Patna ====================================================== Arun Ray @ Arun Kumar S/O Tufani Ray @ Sonfi Ray R/O Village- Sidhee Ghat, Pirdamariya, Ps. Malsalami, Distt. Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Md. Aslam Ansari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 05-07-2023 Learned counsel for the petitioner 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 petitioner and learned A.P.P for the State.

The petitioner has preferred this application for grant of regular bail in connection with Malsalami P.S Case No. 94 of 2023 dated 10.02.2023 registered for the offences punishable under Sections 30(a) and 36 of the Bihar Prohibition and Excise Act.

As per the prosecution case, total 125 litres of illicit mahuwa liquor was recovered from the tempo.

Patna High Court CR. MISC. No.38848 of 2023(2) dt.05-07-2023 2/2 Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. Nothing has been recovered from the conscious possession of the petitioner. The petitioner is accused in three other criminal cases and out of which he is on bail in all the aforesaid cases as stated in para 3 of the bail petition. The petitioner is in custody since 22.04.2023.

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

Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Patna City, Patna in connection with Malsalami P.S. Case No. 94 of 2023.

The application stands allowed.

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