Mukesh Ray v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.55307 of 2022 Arising Out of PS. Case No.-289 Year-2019 Thana- KHAJEKALA District- Patna ====================================================== Mukesh Ray S/o- Krishna Ray Resident of Gandhi Chowk Hamam, P.S.- Khajekala, District- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Harish Kumar, Adv.

For the Opposite Party/s :

Mr. Bishweshwar Ram, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 02-12-2022 Let the defect(s), if any, be removed within two weeks from today.

Heard learned counsel for the petitioner and learned A.P.P. for the State through virtual mode.

The petitioner seeks regular bail in connection with Khajekala P.S. Case No. 289 of 2019, lodged under Sections 30(a) and 36/41 of the Bihar Prohibition and Excise Act. As per prosecution case, the total recovery of 59.40 liter of foreign liquor has been made, which is subject matter of the present case.

Learned counsel for the petitioner submits that the said recovery has not been made from the possession of petitioner rather it has been made from the open place. He also submits that petitioner is in custody since 21.08.2022 and there

Patna High Court CR. MISC. No.55307 of 2022(2) dt.02-12-2022 2/3 are 4 criminal cases pending against the petitioner and he is on bail in all the cases.

Learned counsel for the State opposes the prayer for bail.

In the present facts and circumstances of this case and the submissions made above, let the petitioner above named, be granted bail on furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Judge, Excise, Patna City in connection with Khajekala P.S. Case No. 289 of 2019, subject to the conditions as laid down under Section 437(3) of Cr.P.C. with other following conditions: A. The petitioner shall support in trial and shall appear physically before the lower court on each and every date fixed, in case of non-appearance for two consecutive dates without sufficient cause, shall be resulted into cancellation of his bail bond.

B. One of the bailors shall be close relative who shall file an affidavit before the court about his relationship with the petitioner.

C. The petitioner shall file an affidavit at the time of furnishing of bail bond that he shall not involve in such criminal

Patna High Court CR. MISC. No.55307 of 2022(2) dt.02-12-2022 3/3 activity during the continuance of present bail bond, violation of this condition shall be resulted into cancellation of his present bail bond.

With this observation, the bail application stands allowed.

(Dr. Anshuman, J) ritik/- U T