Rajvallabh Roy @ Rajballam Ray @ Rajballabh Ray v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.41933 of 2024 Arising Out of PS. Case No.-262 Year-2018 Thana- GOVERNMENT OFFICIAL COMP. District- Patna ====================================================== Rajvallabh Roy @ Rajballam Ray @ Rajballabh Ray Son Of Late Ram Lagan Ray R/O- Kachhi Dargah, Tilak Nagar, P.S.- Nadi, District- Patna ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Arun For the Opposite Party/s :

Mr.Akbar Ali ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 19-06-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with P.R. Nadi P.S. Case No. 262 of 2018 instituted for the offences punishable under Sections 30(a), 38(2) and 47 of the Bihar Prohibition and Excise Act.

3. The prosecution case, in short, is that total 1575 liters of liquor was recovered from the petitioner's house.

4. Learned counsel for the petitioner submitted that the petitioner has falsely been implicated in the present case. Petitioner was not apprehended on spot. The name of the petitioner has come into light on the basis of confessional statement of co-accused, which has got no evidentiary value in

Patna High Court CR. MISC. No.41933 of 2024(2) dt.19-06-2024 2/2 the eyes of law. No incriminating article has been recovered from the conscious possession of the petitioner. The petitioner has got no concern with the alleged recovery of liquor. The petitioner is in custody since 26.04.2024 and has no criminal antecedent. Petitioner has no knowledge regarding the alleged occurrence. There is no compliance of Section 100 of the Cr.P.C.

5. Learned APP for the State has vehemently opposed the prayer for grant of bail to the petitioner.

6. Considering the aforesaid facts and circumstances of the case as well as the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.

7. Let the petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with P.R. Nadi P.S. Case No. 262 of 2018.

(Rudra Prakash Mishra, J) Arish/- U T