Patna High CourtCR. MISC./61521/2024bail granted

Birbal Kumar Ray v. The State Of Bihar

2024-09-05Mr. Justice Nawneet Kumar Pandey2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.61521 of 2024 Arising Out of PS. Case No.-82 Year-2024 Thana- SHAHPUR PATORI District- Samastipur ====================================================== Birbal Kumar Ray son of Late khiro Ray Resident of Village -Daini Pagra ward no 3 PS- Dalsingsarai District -Samastipur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Deepak Kumar Singh For the Opposite Party/s :

Mr.Md. Anzarul Haque Sahara ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 05-09-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. This is an application for regular bail on behalf of the petitioner for the offences alleged under Section 30(a) of the Bihar Prohibition and Excise Act, registered in connection with Shahpur Patori P.S. Case No. 82 of 2024.

3. As per prosecution case, there has been recovery of total 6 liters of illicit liquor from the petitioner's motorcycle.

4. The learned counsel for the petitioner has submitted that petitioner has been falsely implicated in this case and has committed no offence. Petitioner has no concern with the alleged recovery of liquor. On the basis of suspicion, he has been made accused in this case. No incriminating article has

Patna High Court CR. MISC. No.61521 of 2024(2) dt.05-09-2024 2/2 been recovered from the conscious possession of the petitioner and he is in custody since 05.07.2024.

5. Learned APP for the State has opposed the prayer of bail.

6. Considering the above facts and circumstances of the case and the meagre quantity of the alleged liquor, let the petitioner, above-named, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Court of Special Judge, Excise-02, Samastipur in connection with Shahpur Patory P.S. Case No. 82 of 2024, subject to the condition that the petitioner shall co-operate in the disposal of trial and make himself available as and when required by the Court.

7. The petitioner shall furnish his bail bonds after completion of two months in custody from today. (Nawneet Kumar Pandey, J) Arish/- U T