Amit Kumar Ray v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.38156 of 2019 Arising Out of PS. Case No.-186 Year-2019 Thana- JAYNAGAR District- Madhubani ====================================================== 1.

AMIT KUMAR RAY Son of Bhogi Ray Resident of Village- Baldiha, P.S. Jay Nagar, District- Madhubani.

2.

Rohit Kumar Pandit Son of Rajendra Pandit Resident of Village- Usrani, P.S. Devdha, District- Madhubani.

3.

Kanhaiya Kumar Yadav Son of Umesh Yadav Resident of Village- Pithwa Tole, P.S. Devdha, District- Madhubani.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Subhash Kumar Jha For the Opposite Party/s :

Mr. Raj Ballabh Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 08-07-2019 Heard learned counsel for the petitioners and learned counsel for the State.

The petitioners are accused in connection with Jay Nagar P.S. Case No. 186 of 2019 corresponding to G.R. No. 716 of 2019 registered under sections 272, 273, 414 and 120B of the I.P.C. and section 30(a) of the Bihar Prohibition and Excise Act. Submission of learned counsel for the petitioners is that petitioners are innocent and have falsely been implicated in the present case. Further submission is that petitioners are not the owner of the vehicle, in which the illicit liquor was recovered. Petitioners are in custody since 08.04.2019.

Patna High Court CR. MISC. No.38156 of 2019(2) dt.08-07-2019 2/2 Learned A.P.P. appearing on behalf of the State opposed the prayer of the petitioners with submission that petitioners were running the business of illicit liquor. From their possession, 84 litres of Nepali liquor was recovered. Having considered the facts and circumstances of the case and nature of allegation, I am not inclined to allow the prayer of the petitioners for bail. Accordingly, this application is rejected.

However, liberty is given to the petitioners to renew their prayer for bail after framing of charge. (Arvind Srivastava, J) shailendra/- U T