Sachin Kumar @ Sachin Kumar Ray v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.52780 of 2024 Arising Out of PS. Case No.-51 Year-2024 Thana- DEODHA District- Madhubani ====================================================== SACHIN KUMAR @ SACHIN KUMAR RAY S/O VIRU RAY @ BIRU RAY R/O VILLAGE- BAIRA MANDIR TOLE, P.S- JAYANAGAR, DISTT.- MADHUBANI.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Bhavesh Sah For the Opposite Party/s :

Mr.Shyameshwar Dayal ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 05-08-2024 Heard learned counsel for the petitioner as well as learned APP for the State.

2. In this case, the petitioner is seeking regular bail in connection with Deodha P.S. Case No. 51 of 2024, registered for the offences punishable under Sections 272, 273, 34 of the Indian Penal Code and 30(a) of Bihar Prohibition and Excise Act.

3. As per allegation, on 17.05.2024 the informant, based on an information, reached on Chachari Bridge, where he saw three motorcycle riders were coming from Nepal and on seeing police, they threw the belongings and tried to flee away but the petitioner got arrested with a Passion Pro motorcycle. From the sack laden on the motorcycle, 90 litres of illicit Nepali liquor was recovered.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated. He

Patna High Court CR. MISC. No.52780 of 2024(2) dt.05-08-2024 2/2 has further submitted that nothing incriminating article has been recovered from the conscious possession of the petitioner. The petitioner has no criminal history. He is under custody since 18.05.2024.

5. Considering the above-mentioned facts and circumstances, clean antecedents as well as the period of detention, let the petitioner, above-named, be released on bail on furnishing bail bonds of Rs.10,000/- with two sureties of the like amount each to the satisfaction of learned 2nd Addl. Sessions Judge-cum-Special Judge Excise Act, Madhubani in connection with Deodha P.S. Case No. 51 of 2024, subject to the following conditions:- (i) The petitioner shall cooperate in the disposal of trial and make himself available as and when required by the court.

(ii) If the petitioner is found involved in future in the similar type of offence, the prosecution will have liberty to file an application before the court below for cancellation of the bail of the petitioner and the learned court below will take decision in accordance with law.

(Nawneet Kumar Pandey, J) SONALI/- U T