Patna High CourtCR. MISC./34060/2020bail granted

Hirday Ray@Hirdan Ray v. The State Of Bihar

2021-02-20Mr. Justice Chakradhari Sharan Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.34060 of 2020 Arising Out of PS. Case No.-214 Year-2019 Thana- MANIYARI District- Muzaffarpur ====================================================== HIRDAY RAY@HIRDAN RAY Son of Sukul Rai Resident of VillageMathna Milik, P.S.-Goraul, Kathara (O.P) District-Vaishali. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Baxi S.R.P.Sinha, Sr. Adv.

Ms.Pratima Kumari For the Opposite Party/s :

Mr.Arun Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 20-02-2021 Heard learned counsel for the parties.

This application for grant of regular bail arises out of Maniyari P.S. Case No. 214 of 2019, disclosing offences punishable under Sections 420,467,468 and 471 of the Indian Penal Code and Section 30(a) of the Bihar Prohibition of Excise Act, 2016.

It has been stated in paragraph 3 of the application that the petitioner has no criminal antecedent and he is in custody since 11.10.2020. According to the prosecution's case, 3927.600 liters of Indian made foreign liquor was recovered by the Excise officials from a Tata Mini truck.

Learned Senior Counsel appearing on behalf of the petitioner has submitted that apparently the petitioner was not

Patna High Court CR. MISC. No.34060 of 2020(8) dt.20-02-2021 2/2 arrested on the spot and his name transpired on the basis of disclosure made by one Choukidar. He has argued that in similar circumstance co-accused Santosh Kumar has been allowed regular bail by this Court by an order dated 02.02.2021 passed in Cr. Misc. No. 37260 of 2020. He has further argued that except for the said disclosure made by the Choukidar, there is no other material to connect the petitioner with the illicit liquor.

Considering the aforesaid submission, this application is allowed.

Let the petitioner above-named be released on bail on furnishing bail bond of Rs. 10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of the learned Special Judge (Excise), Muzaffarpur in Maniyari P.S. Case No. 214 of 2019, P.R. No. 33 of 2019.

(Chakradhari Sharan Singh, J) arun/- U