Chandradip Ray v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.55027 of 2021 Arising Out of PS. Case No.-200 Year-2021 Thana- PATNA CITY CHOWK District- Patna ====================================================== CHANDRADIP RAY Son of Late Jangbahadur Ray Resident of VillageKauakhoh, P.S.- Chowk, District- Patna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Manoj Kumar, Adv.

For the Opposite Party/s :

Mr. Kalyan Shankar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 19-05-2022 Heard Mr. Manoj Kumar, learned counsel for the petitioner and Mr. Kalyan Shankar, Additional Public Prosecutor for the State.

Petitioner seeks regular bail in connection with Special Case No. 4291/2021 arising out of Chowk PS Case No. 200/2021 registered for the offence punishable under Sections 30(a)/37(c) of Bihar Prohibition & Excise Act. As per First Information Report, the police on the basis of information that the petitioner is engaged in sale of illicit liquor proceeded towards the place of occurrence i.e., hutment/khatal situated adjacent to the house of petitioner, and upon seeing the police party the petitioner tried to flee away, however, the police arrested him on chase. The police recovered altogether 104.5 litres of illicit liquor from the said

Patna High Court CR. MISC. No.55027 of 2021(2) dt.19-05-2022 2/3 hutment.

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 due to oblique motive. Learned counsel further submits that no illicit liquor has been recovered from the conscious possession of the petitioner rather the same has been recovered from the hutment/Khatal situated adjacent to the house of petitioner which is an open space accessible to all and sundry.

Learned counsel for the petitioner further submits that the petitioner is in custody since 14.07.2021 and he does not have any criminal antecedent.

Regards being had to the submissions made by the parties and taking into consideration the material on record and the fact that no illicit liquor has been recovered from the conscious possession of the petitioner, petitioner is in custody since 14.07.2021 and he does not have any criminal antecedent, I am inclined to grant regular bail to the petitioner. Accordingly, let the petitioner, CHANDRADIP 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, Nawada in

Patna High Court CR. MISC. No.55027 of 2021(2) dt.19-05-2022 3/3 connection with Special Case No. 4291/2021 arising out of Chowk PS Case No. 200/2021.

(Anil Kumar Sinha, J) perwez U T