Patna High CourtCR. MISC./61645/2024bail granted

Raju Ray v. The State Of Bihar

2024-09-11Mr. Justice Dr. Anshuman2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.61645 of 2024 Arising Out of PS. Case No.-70 Year-2024 Thana- KADAMKUAN District- Patna ====================================================== Raju Ray Son of Gopal Sahani @ Mutur Yadav Resident of MohallaKankarbagh Gate No-14, P.S. - Patrakar Nagar, District- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Binay Kumar Singh, Adv.

For the Opposite Party/s :

Mr. Akshay Lal Pandit, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 11-09-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is apprehending arrest in connection with Kadamkuan P.S. Case No. 70 of 2024 dated 29.01.2024, lodged under Section 30(a) of the Bihar Prohibition and Excise Act.

3. As per the prosecution, FIR has been lodged against the sole petitioner. Total 1.440 litres of illicit liquor has been recovered which is the subject matter of the present case.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. Counsel submits that nothing incriminating has been recovered from the petitioner's possession nor he was apprehended, rather, his name has been figured in this case by the police upon secret

Patna High Court CR. MISC. No.61645 of 2024(2) dt.11-09-2024 2/2 information. Counsel further submits that the criminal antecedent of the petitioner is clean.

5. Learned APP for the State opposes the prayer for bail of the petitioner and submits that name of the petitioner has been figured in this case only by virtue of the secret information and nothing incriminating has been recovered from the petitioner's possession.

6. As such, considering the aforesaid facts and circumstances, let the above named petitioner be released on bail, in the event of arrest or surrender before the learned Court below within a period of 4 weeks from today, on furnishing bail bond of Rs.30,000/- (thirty thousand) with two sureties of the like amount each to the satisfaction of the learned Special Judge, Excise-II, Patna in connection with Kadamkuan P.S. Case No. 70 of 2024, subject to the conditions as laid down under Section 438(2) Cr.P.C.

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