Patna High CourtCR. MISC./59044/2023allowed

Ajay Ray @ Ajay Kumar Ray v. The State Of Bihar

2023-10-16Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.59044 of 2023 Arising Out of PS. Case No.-287 Year-2023 Thana- GOVERNMENT OFFICIAL COMP. District- Begusarai ====================================================== AJAY RAY @ AJAY KUMAR RAY Son of Nagendra Ray @ Nageshwar Ray R/o vill - Mathurapur, ward no. 13, P.S. - Tajpur, Distt. - Samastipur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Amrendra Kumar For the Opposite Party/s :

Mr.Arun Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 16-10-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under section 30(a) of the Bihar Prohibition & Excise Act.

3. Prosecution case relates to recovery of total 765 liters of illicit foreign liquor from a Tata Xenon Vehicle bearing Registration no. BR05GA-0765 and the petitioner is stated to be driver the seized vehicle who was apprehended on spot.

4. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He has falsely been implicated in this present case. Petitioner has no concern with the alleged recovery

Patna High Court CR. MISC. No.59044 of 2023(3) dt.16-10-2023 2/2 or with the vehicle in question. No any incriminating article has been recovered from his conscious possession. Moreover, he is languishing in judicial custody since 24.6.2023.

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

6. The petitioner, being driver of the seized vehicle, is directed to deposit a sum of Rs 20,000/- (Twenty Thousand) in the District Legal Services Authority of concerned District.

7. 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 released on bail in connection with Excise P.S. Case No. 287 of 2023 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Judge-2nd, Begusarai.

8. The bail bonds of the petitioner shall be accepted by the learned court below on showing the receipt of deposit of Rs. 20,000/- (Rs. Twenty thousand) in the account of the concerned DLSA.

(Sunil Kumar Panwar, J) Amandeep/- U T