Panchi Ray @ Panchi Lal Ray v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.57513 of 2024 Arising Out of PS. Case No.-73 Year-2023 Thana- GARKHA District- Saran ====================================================== Panchi Ray @ Panchi Lal Ray son of Late Ram Ayodhaya Ray R/o- Pitta Ghat Jharu Tola Ps- Garkha Dist- Saran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Alok Kumar Alok, Adv.

For the Opposite Party/s :

Mr. Dr. Kumar Uday Pratap, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 04-09-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends arrest in connection with Garkha P.S. Case No. 73 of 2023 dated 12.02.2023, instituted for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act.

3. The allegation is of recovery of 63.21 litres foreign liquor from under constructed house of the petitioner.

4. Learned counsel for the petitioner submits that the petitioner is innocent and he has been falsely implicated in this case. It is submitted that on spot verification by the police, one person tried to flee away from the under constructed house of the petitioner and managed to escape from there. It is submitted that nothing has been recovered either from conscious possession of the petitioner or from his residential house. The recovery of the foreign liquor is alleged to have been made from

Patna High Court CR. MISC. No.57513 of 2024(2) dt.04-09-2024 2/2 under constructed house of the petitioner where nobody resides. It is submitted that petitioner used to work as a loader in A.S.P. Private Ltd. since last four years at Kolkata. It is also submitted that the petitioner resides in his old house along with his family members. It is submitted that semi constructed house of the petitioner is easy to access for any person. Lastly, it has been submitted that he has no criminal antecedent.

5. Learned A.P.P. has opposed the prayer for bail of the petitioner.

6. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest / surrender of the petitioner within a period of six weeks from today, in connection with Garkha P.S. Case No. 73 of 2023, he shall be released on anticipatory bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of First Exclusive Special Excise Court, Saran at Chhapra, subject to condition as laid down under Section 438(2) of the Cr.P.C.. (Khatim Reza, J) prabhat/- U T