Sadanand Ray v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.54075 of 2023 Arising Out of PS. Case No.-92 Year-2023 Thana- KARJAIN District- Supaul ====================================================== Sadanand Ray Son of Devkisun Ray Resident of village - Padumnagar, ward no. 01, P.S. - Karjain, Distt. - Supaul ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Arun For the Opposite Party/s :

Mr.Uma Shankar Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 25-08-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for bail in a case registered for the offence punishable under Sections 30(a), 41(i) of the Bihar Prohibition and Excise Act.

Prosecution case relates to recovery of total 96 liters of Nepali liquor from the Motorcycle bearing Reg. No. BR38Z7695 and two accused persons apprehended on the spot who disclosed the name of petitioner.

Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He has no concern with the alleged recovery or with the vehicle in question. The name of the petitioner has been disclosed in this case by the apprehended accused persons,

Patna High Court CR. MISC. No.54075 of 2023(2) dt.25-08-2023 2/2 before the police which has got no evidentiary value in the eye of law. Neither the petitioner was arrested on spot nor any incriminating article has been recovered from his conscious possession. Petitioner is languishing in judicial custody since 07.06.2023.

Learned APP appearing for the State has opposed the prayer of Bail.

Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Incharge Exclusive Special Judge, Excise Court No.2, Supaul in connection with Karjain P.S. Case No. 92 of 2023. (Sunil Kumar Panwar, J) lata/- U T