Jitendra Ray v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.50496 of 2021 Arising Out of PS. Case No.-420 Year-2020 Thana- MUZAFFARPUR SADAR DistrictMuzaffarpur ====================================================== JITENDRA RAY S/O RAMDENI RAY R/o village- Chak Mehsi, P.S.- Maniyari, Distt.- Muzaffarpur ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Ms. Pratima Kumari, Adv.
For the Opposite Party/s :
Mr. Vinod Shankar Modi, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 01-04-2022 Heard Ms. Pratima Kumari, learned counsel for the petitioner and Mr. Vinod Shankar Modi, learned Additional Public Prosecutor for the State through video conferencing. Petitioner seeks regular bail in connection with Sadar PS Case No. 420/2020 registered for the offence punishable under Sections 30(a) of Bihar Prohibition & Excise Act 2016. As per First Information Report, the police on the basis of secret information that petitioner along with other accused persons have brought a consignment of illicit liquor in a truck, proceeded towards the place of occurrence and upon seeing the police party the accused persons tried to flee away and they succeeded in the same. However, they have been identified by the village Chaukidar and total quantity of
Patna High Court CR. MISC. No.50496 of 2021(2) dt.01-04-2022 2/3 2527.560 litres of illicit liquor was recovered from the said truck.
Learned counsel for the petitioner submits that the petitioner has not committed any offence in the manner alleged and he has falsely been implicated in this case on the basis of information received by the police through spy and on the disclosure of his name by the village Chaukidar. He further submits that petitioner has got no criminal antecedent and he is neither the owner nor the driver the said truck from where the recovery of illicit liquor has been made. Further submission is that similarly situated accused persons, namely, Arjun Rai (vide Cr. Misc. No. 6153/2021), Arvind Rai (vide Cr. Misc. No. 9264/2021, Deepak Kumar (vide Cr. Misc. No. 43190/2021) have been granted bail by the Co-ordinate Bench of this Court. Learned counsel further submits that the petitioner is in custody since 02.07.2021 and the charge-sheet has already been submitted in the matter.
Having regard to the submissions made by the parties and taking into consideration the material on record and the fact that similarly situated co-accused persons have been granted bail by co-ordinate Bench of this Court, petitioner is in custody since 02.07.2021 and the charge-sheet has already been
Patna High Court CR. MISC. No.50496 of 2021(2) dt.01-04-2022 3/3 submitted in the matter, I am inclined to grant regular bail to the petitioner.
Accordingly, let the petitioner, JITENDRA RAY be released on bail on furnishing bail bond of Rs. 20,000/- (Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge, Excise, Muzaffarpur in connection with Sadar PS Case No. 420/2020.
(Anil Kumar Sinha, J) perwez U T