Munna Ray @ Munna Kumar @ Munna Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.56899 of 2021 Arising Out of PS. Case No.-102 Year-2020 Thana- KHAJEKALA District- Patna ====================================================== MUNNA RAY @ MUNNA KUMAR @ MUNNA YADAV Son of Satish Ray Resident of Village - Sidhi Ghat, P.S.- Khajekalan, District - Patna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Nand Kumar, App ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 30-03-2022 Heard learned counsel for the parties.

Petitioner seeks bail in a case registered for the offence punishable under Section 30(a) of the Bihar Prohibition & Excise Amendment Act, 2018.

Informant who is a police officer has alleged in his FIR that on 09.03.2020, he received a secret information that petitioner and other co-accused are unloading illicit liquor near Ganges river and on said information, he reached said place and on seeing the police, two persons fled away and persons assembled there disclosed their name as Munna Rai and Gopi Ray and from said place, 240 liter of country made liquor was recovered.

It is submitted on behalf of the petitioner that he is innocent and has been falsely implicated in this case on the

Patna High Court CR. MISC. No.56899 of 2021(2) dt.30-03-2022 2/3 basis of suspicion. Neither he was apprehended on the spot nor any illicit liquor has been recovered from his possession. Petitioner has no criminal antecedent and he is in custody since 11.06.2021.

Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 20,000/- with two sureties of the like amount each to the satisfaction of learned court below where the case is pending in connection with Special Case No.2544/2020 arising out of Khajekalan P.S. Case No.102/2020, with following conditions:- (1)Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.

(2) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court.

(3) 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.

(4) If the petitioner is found involved in

Patna High Court CR. MISC. No.56899 of 2021(2) dt.30-03-2022 3/3 similar nature of offences, after his release on bail the trial court shall take steps to cancel his bail bond. (S. Kumar, J) Sanjay/- U T