Patna High CourtCR. MISC./53436/2024bail granted

Nawal Ray @ Nawal Kumar v. The State Of Bihar

2024-09-06Mr. Justice Satyavrat Verma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.53436 of 2024 Arising Out of PS. Case No.-396 Year-2023 Thana- LALGANJ District- Vaishali ====================================================== Nawal Ray @ Nawal Kumar, S/O Rajgir Ray R/O Village- Salempur, P.SLalganj, Distt.- Vaishali. ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Nidhi Anand For the Opposite Party/s :

Mr.Rajesh Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 06-09-2024

1. Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in a case registered for the offences punishable under Section 30(a) of the Excise Act.

3. The learned counsel for the petitioner submits that the petitioner has antecedent of eight cases and the allegation is of recovery of 210 litres of liquor from seven gallons.

4. The learned counsel for the petitioner submits that petitioner was not arrested from the spot, as such, nothing was recovered from his conscious possession and he came to be implicated at the instance of local people, but then, the name of the person, who disclosed the name of the petitioner is not disclosed in the F.I.R., which cast an aspersion on the case of the prosecution. It is also submitted that once an accused is

Patna High Court CR. MISC. No.53436 of 2024(2) dt.06-09-2024 2/2 implicated in a case relating to excise, the police starts implicating mechanically and at times to save the real culprits and petitioner is in custody since 06.06.2024.

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

6. Considering the submissions made by the learned counsel appearing on behalf of the petitioner, the petitioner, above-named, 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 learned Exclusive Special Excise Court No.1-cum- Additional District & Sessions Judge, Vaishali at Hajipur in connection with Vaishali Lalganj P. S. Case No.396 of 2023.

7. The application stands allowed.

(Satyavrat Verma, J) vikash/- U T