Manoj Ray v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.53124 of 2022 Arising Out of PS. Case No.-213 Year-2022 Thana- PATNA CITY CHOWK District- Patna ====================================================== Manoj Ray, Son Of Mishra Raj Ray, R/O Kaimashikoh, Naharpar, P.S.- Chowk, Dist.- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Pramod Kumar, Advocate For the Opposite Party/s :

Mr.Nand Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 23-11-2022 Heard learned counsel for the petitioner and learned APP for the State.

Let the defect (s), as pointed out by the office, be removed within a period of four weeks.

In the present case, the petitioner seeks bail in connection with Chowk P.S. Case No. 213 of 2022 registered for the alleged offences under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

As per prosecution case, recovery of 15 litres of country made liquor was made from the possession of the petitioner apart from recovery of 45 litres of country made liquor from the bushes near the house of the petitioner who was apprehended from the spot.

The learned counsel for the petitioner submits that the

Patna High Court CR. MISC. No.53124 of 2022(2) dt.23-11-2022 2/3 petitioner is innocent and has been falsely implicated in this case. Nothing incriminating has been recovered from his conscious possession. The real fact of the case is that 60 litres illicit liquor was recovered from the bushes near the house of the petitioner and due to grudge this petitioner has been made accused in this case. The petitioner has got no concern with the allegedly seized illicit liquor. The petitioner is in custody since 19.05.2022 and the charge-sheet has been submitted in this case. Learned APP opposes the prayer for bail.

Having regard to the facts and circumstances and submissions made on behalf of the parties and considering the period of custody of the petitioner as well as submission of charge-sheet against him, the petitioner above named is directed to be released on bail on furnishing bail bond of Rs. 20,000/- (twenty thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge, Excise, Patna in connection with Chowk P.S. Case No. 213 of 2022, subject to the conditions mentioned in Section 437(3) of the Code of Criminal Procedure and also the following conditions : (i) One of the bailors will be a close relative of the petitioner.

(ii) The petitioner will remain present on each and

Patna High Court CR. MISC. No.53124 of 2022(2) dt.23-11-2022 3/3 every date fixed by the court below.

(iii) In case of absence on three consecutive dates or in violation of the terms of the bail, the bail bond of the petitioner will be liable to be cancelled by the court concerned.

(Arun Kumar Jha, J) balmukund/- U T