Baidhnath Ray @ Baidy Nath Ray v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.40529 of 2020 Arising Out of PS. Case No.-86 Year-2020 Thana- HATHAURI District- Samastipur ====================================================== BAIDHNATH RAY @ BAIDY NATH RAY Son of Late Ramsuvishat Ray Resident of Village- Bhanpur, Shivajinagar, P.S.- Hathauri, DistrictSamastipur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rajeev Ranjan For the Opposite Party/s :

Mr.Umeshanand Pandit, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 09-02-2021 Heard learned counsel for the petitioner and learned A.P.P for the State.

The petitioner seeks bail in Hathauri P.S. Case No. 86 of 2020, registered for the offence punishable punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2016. 865.875 litres of foreign liquor has been recovered from the house of this petitioner.

It is submitted that nothing has been recovered from conscious possession of this petitioner. House is in joint possession of family. Chargesheet has already been submitted. Petitioner is in custody since 23.06.2020.

Considering the facts and circumstances of the case, the petitioner above-named, is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two

Patna High Court CR. MISC. No.40529 of 2020(2) dt.09-02-2021 2/2 sureties of the like amount each to the satisfaction of the learned Additional District and Sessions Judge 2nd-cum-Special Judge (Excise Act), Samastipur in connection with Hathauri P.S. Case No. 86 of 2020, subject to following conditions:- (i) The petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the Court and in the event of failure on two consecutive dates without sufficient reasons, his bail bond shall be liable to be cancelled by the court below.

(ii) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner. (Prabhat Kumar Singh, J) vinita/- U T