Uday Ray v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.46702 of 2022 Arising Out of PS. Case No.-268 Year-2021 Thana- NADI P.S. District- Patna ====================================================== Uday Ray, Son Of Ranjit Ray R/O Village- Fatehjangpur, P.S.- Nadi, Dist.- Patna ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr. Jay Ram Prasad For the Opposite Party/s :

Mr. Ram Sumiran Rai ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 27-09-2022 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in anticipation of his arrest in a case registered for the offences punishable under Section 30(a) of the Excise Act, 2018.

The learned counsel for the petitioner submits that the petitioner has antecedent of one case and the allegation is of recovery of 40 litres of liquor from a motorcycle and 320 litres of liquor from a sack kept on the ground near ply board factory. The learned counsel for the petitioner submits that the petitioner was not arrested from the spot, as such, nothing was recovered from his conscious possession. It is next submitted that petitioner is neither the owner, nor the driver of the alleged vehicle and the alleged recovery was made from a place which

Patna High Court CR. MISC. No.46702 of 2022(2) dt.27-09-2022 2/2 is accessible to public at large which does not belong to the petitioner.

Learned A.P.P. opposes the bail application.

Considering the submissions made by the learned counsel for the petitioner, the petitioner, above-named, in the event of his arrest or surrender before the learned Court below within a period of six weeks, is directed to be released on bail on his furnishing bail-bonds in the sum of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending in connection with Special Case No.5882 of 2021 arising out of Nadi P. S. Case No.268 of 2021, subject to the conditions laid down under Section 438(2) of the Cr.P.C. The application stands allowed.

(Satyavrat Verma, J) vikash/- U T