Patna High CourtCR. MISC./48792/2023allowed

Rajeshwar Ray v. The State Of Bihar

2023-08-04Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.48792 of 2023 Arising Out of PS. Case No.-362 Year-2023 Thana- DARIYAPUR District- Saran ====================================================== Rajeshwar Ray S/O Munshi Rai R/O Village- Barwe, Ps. Dariyapur, Dist. Saran (Chapra) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Anup Kumar Pandey For the Opposite Party/s :

Mr.Akbar Ali ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 04-08-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for bail in a case registered for the offence punishable under sections 30(a) of the Bihar Prohibition and Excise Act.

Prosecution case relates to recovery of 120 litres of illicit liquor from mango orchard near the house of the petitioner.

Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He has no concern with the alleged recovery or with the place of occurrence. Neither the petitioner was arrested on spot nor any incriminating article has been recovered from his conscious possession. He is languishing in judicial custody

Patna High Court CR. MISC. No.48792 of 2023(2) dt.04-08-2023 2/2 since 20.06.2023.

Learned APP appearing for the State has opposed the prayer of Bail.

Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Additional District and Sessions Judge II-cum-1st Exclusive Special Judge Excise Act, Saran at Chapra in connection with Dariyapur P.S. Case No. 362 of 2023.

(Sunil Kumar Panwar, J) sushma/- U