Patna High CourtCR. MISC./49327/2018bail granted

Rambali Ray v. The State Of Bihar

2018-10-03Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.49327 of 2018 Arising Out of PS.Case No. -149 Year- 2017 Thana -MAHNAR District- VAISHALI(HAJIPUR) ======================================================

1. Rambali Ray Son of late Shatrudhan Ray Residence of Village- Kursaha, P.S. Mohadinagar, District- Samastipur.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Anil Kumar, Advocate For the Opposite Party/s : Mr. Vinod Shankar Modi, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 03-10-2018 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The Petitioner seeks regular bail in connection with Mahnar P.S.Case No. 149 of 2017, registered for offences punishable under Sections 30 (A), 38 (1) of the Bihar Prohibition and Excise Act, 2016.

Allegation as per F.I.R. against the petitioner is that 1294.920 liters of illegal foreign wine was recovered from a Pickup van, which was seized by the police. Submission of the learned counsel for the petitioner is that the petitioner has falsely been implicated in this case and nothing has been recovered from the conscious possession of the petitioner and the petitioner had already sold the Pick-up van to the co-accused, Pramod Rai and he has been granted bail by a Coordinate Bench of this Court vide order dated 09.11.2017 passed

Patna High Court Cr.Misc. No.49327 of 2018 (3) dt.03-10-2018 2/2 in Cr. Misc. No. 38241 of 2017 and the petitioner is in custody since 30.04.2018.

Heard learned A.P.P also.

Having heard both sides and in view of the facts and circumstances, as stated above, let the petitioner, above named, be enlarged on bail on furnishing bail bond of Rs. 25,000/- ( Rupees Twenty five thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge- II - cum- Special Judge, Hajipur at Vaishali in connection with Mahnar P.S.Case No. 149 of 2017, subject to the following conditions:- i) One of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned Court. ii) The petitioner will not induce any witness or tamper with the evidence.

(Vinod Kumar Sinha, J) Sudha/- U T