Arjun Ray @ Arjun Rai @ Arjun Kumar Ray v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.60307 of 2024 Arising Out of PS. Case No.-129 Year-2024 Thana- UJIYARPUR District- Samastipur ====================================================== Arjun Ray @ Arjun Rai @ Arjun Kumar Ray son of Late Ram Balak Ray VILLAGE- BHAGWANPUR DESUA, PS- UJIARPUR, DISTSAMASTIPUR, ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Piyush Kumar Pandey For the Opposite Party/s :

Mr.Rana Randhir Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 20-09-2024 1.

Heard learned counsel for the petitioner and learned A.P.P. for the State.

2.

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

3.

Learned counsel for the petitioner submits that the petitioner is a person with clean antecedent and allegation is of recovery of 171.2 litres of liquor from a place near road side. 4.

Learned counsel for the petitioner submits that the petitioner was not arrested from the spot as such nothing was recovered from his conscious possession and even alleged recovery is from a place which does not belong to the petitioner and is accessible to public at large and he came to be implicated

Patna High Court CR. MISC. No.60307 of 2024(3) dt.20-09-2024 2/2 based on the disclosure made by the local people but then it is submitted that in majority of the cases, the police, in a mechanical manner, implicates either at the instance of Chowkidar, local person, secret information or confessional statement without holding a proper investigation, when petitioner admittedly is a person with clean antecedent. It is also submitted that petitioner is in custody since 2-7-2024. 5.

Learned A.P.P. for the State vehemently opposes the prayer for bail of the petitioner.

6.

Considering the submission made by learned counsel for the petitioner, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 5,000/- (Rupees Five Thousand) with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Ujiarpur P.S. Case No. 129 of 2024.

(Satyavrat Verma, J) SUMIT/- U T