Sunil Ray @ Sunil Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.65351 of 2021 Arising Out of PS. Case No.-204 Year-2020 Thana- AURAI District- Muzaffarpur ====================================================== SUNIL RAY @ SUNIL KUMAR S/o Late Jalim Ray R/o village- Kodariya Chakki Rampur, P.S.- Mahindwara, Distt.- Sitamarhi ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ratneshwar Prasad For the Opposite Party/s :

Ms.Indu Kumari Srivastava ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 11-02-2022 Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner seeks regular bail in connection with Aurai Police Station Case No. 204 of 2020, registered for the offences punishable under Sections 30 (a)/36/41(1) of the Bihar Prohibition and Excise Act, 2016.

The prosecution case, as per the First Information Report, is that the police intercepted one truck, one Mahindra pick-up van and two tempo and recovered a total quantity of 4824 litres of illicit liquor from the said vehicles and arrested three persons, including Ramnath Ray, who disclosed the name of the petitioner and others as their accomplices. Learned Counsel for the petitioner submits that the petitioner has not committed any offence in the manner alleged

Patna High Court CR. MISC. No.65351 of 2021(2) dt.11-02-2022 2/3 and he has falsely been implicated this case with oblique motive. He further submits that the petitioner is neither the owner nor the driver of any of the vehicles. He further submits that the petitioner has not been arrested from the spot; rather, he has been remanded in this case on 30.09.2021 from Hathauri Police Station Case No. 200 of 2021. He further submits that nothing has been recovered from the conscious possession and/or vehicle or premises belonging to the petitioner. He further submits that co-accused persons have been granted bail vide order, passed in Criminal Misc. Nos. 20982 and 55440 of 2021. He further submits that the petitioner is in custody since 30.09.

2021 and charge sheet has been submitted against the petitioner and as such, there is no likelihood that the petitioner will abscond and/or tamper with the evidence. Regards being had to the submissions advanced on behalf of the parties concerned and taking into consideration the materials available on record and the fact that nothing has been recovered from the possession of the petitioner, he is neither the driver nor the owner of any of the vehicles, he is in custody since 30.09.

Patna High Court CR. MISC. No.65351 of 2021(2) dt.11-02-2022 3/3 pandemic, I am inclined to grant regular bail to the petitioner. This application is, accordingly, allowed.

Let the petitioner, above named, 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, Muzaffarpur, in connection with Aurai Police Station Case No. 204 of 2020.

(Anil Kumar Sinha, J.) Prabhakar Anand/- U √ T √