Ramesh Ray v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.60905 of 2021 Arising Out of PS. Case No.-137 Year-2020 Thana- GARDANIBAG District- Patna ====================================================== RAMESH RAY Son of Late Chandrika Ray Resident of Village - Alkapuri, P.S.- Gardanibagh, District - Patna.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Jay Ram Prasad, Adv.

For the Opposite Party/s :

Ms.Asha Devi, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 30-03-2022 Heard.

The petitioner seeks regular bail in connection with Special Case No. 2092 of 2020 arising out of Gardanibag P.S. Case No. 137 of 2020, registered for the offence punishable under sections 30(a), 36 of Bihar Prohibition & Excise Amendment Act, 2018.

The allegation is regarding recovery of 110.490 liters of illicit liquor from a cow-shed situated in front of the house of the petitioner. The learned counsel for the petitioner has submitted that the petitioner is innocent, has been falsely implicated in the present case, is having a

Patna High Court CR. MISC. No.60905 of 2021(2) dt.30-03-2022 2/3 clean antecedent and is languishing in custody since 18.08.2021. The learned counsel for the petitioner has further submitted that the said cowshed is situated at the front of the house of the petitioner where plantation of illicit liquor by unknown person cannot be ruled out. It is also submitted that neither the petitioner has been arrested from the spot nor any illicit liquor has been recovered from the conscious possession of the petitioner.

Per contra, the learned APP for the State, has vehemently opposed the prayer for bail.

Having regard to the facts and circumstances of the case, considering the submissions made by the parties and taking into account the period of incarceration, I deem it fit and proper to admit the petitioner to the privilege of regular bail.

Accordingly, the petitioner, above named, is directed to be released on bail on furnishing bailbonds of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned court of

Patna High Court CR. MISC. No.60905 of 2021(2) dt.30-03-2022 3/3 Special Judge, Excise, Patna in connection with Special Case No. 2091 of 2020 arising out of Gardanibag P.S. Case No. 137 of 2020.

(Mohit Kumar Shah, J) Tiwary/- U T