Patna High CourtCR. MISC./57089/2024bail granted

Satyendra Ray @ Satyendra Rai v. The State Of Bihar

2024-08-07Mr. Justice Chandra Prakash Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.57089 of 2024 Arising Out of PS. Case No.-303 Year-2024 Thana- GAURICHAK District- Patna ====================================================== 1.

Satyendra Ray @ Satyendra Rai S/O Late Rajgir Rai R/O VillageBandohapar, P.S- Gaurichak, Distt.- Patna. 2.

Jitu Kumar S/O Satyendra Ray @ Satyendra Rai R/O Village- Bandohapar, P.S- Gaurichak, Distt.- Patna.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rudra Deo, Adv For the Opposite Party/s :

Mr. Brajendra Nath Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 07-08-2024 Heard learned counsel for the petitioners and learned A.P.P for the State.

2. The petitioners have preferred this application for grant of regular bail in connection with Gaurichak P.S. Case No. 303 of 2024 dated 30.06.2024 registered for the offences punishable u/s 30(a) of the Bihar Prohibition and Excise Act.

3. As per the prosecution case, total 125 litres of illicit foreign liquor was recovered behind the house of the Satyendra Ray (Petitioner no. 1).

4. Learned counsel for the petitioners has submitted that the petitioners are innocent and have falsely been implicated in this case. The petitioners have no concern with the

Patna High Court CR. MISC. No.57089 of 2024(2) dt.07-08-2024 2/2 alleged recovery rather the recovery has been made from an open place which is accessible to anyone. The Petitioner No. 2 Jitu Kumar is the son of the Petitioner No. 1 Satyendra Ray. Nothing has been recovered from the conscious possession of the petitioners. The petitioner no. 1 has one criminal antecedent and the petitioner no. 2 has clean antecedent as stated in para 3 of the bail petition. The petitioners are in custody since 01.07.2024.

5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioners.

6. Considering the aforesaid facts and circumstances of the case as well as the nature of allegation levelled against the petitioners and the period of custody, the petitioners abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Patna city, Patna, in connection with Gaurichak P.S. Case No. 303 of 2024.

7. The application stands allowed.

(Chandra Prakash Singh, J) Jyoti/- U T