Shatrughan Ray v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.69997 of 2021 Arising Out of PS. Case No.-209 Year-2021 Thana- AMAS District- Gaya ====================================================== Shatrughan Ray, Son of Raj Kishor Ray, Resident of village - Gopinath, P.S. - Kathaya, District - Muzaffarpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Satyendra Narayan Singh, Advocate For the Opposite Party/s :

Mr.Bhanu Pratap Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 24-06-2022 Heard learned counsel for the petitioner and learned APP for the State through video conferencing. Let the defect (s), as pointed out by the office, be removed within a period of four weeks from the date of resumption of physical filing and physical removal of defect. In the present case, the petitioner seeks bail in connection with Amas P.S. Case No. 209 of 2021 registered for the alleged offences under Sections 30(a)/33/41 of the Bihar Prohibition and Excise Act, 2018.

As per allegation, 4000 liters of spirit was recovered from a Truck being driven by the petitioner and he was apprehended from the spot, however, learned counsel for the petitioner has submitted that nothing has been recovered from the conscious possession of the petitioner. The petitioner is

Patna High Court CR. MISC. No.69997 of 2021(3) dt.24-06-2022 2/3 in custody since 16.08.2021 and is having clean antecedent. Learned APP has opposed the prayer for bail, submitting that a huge quantity of spirit has been recovered from a Truck and the petitioner was arrested from the spot Having regard to the submissions made hereinabove and considering the period of custody, the petitioner above named is directed to 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 Additional Sessions Judge-II-cum-Special Judge, Excise Act, Gaya in connection with Amas P.S. Case No. 209 of 2021, subject to the following conditions :

(i) The bail bond of the petitioner will be accepted only after framing of charge, if not already framed.

(ii) One of the bailors will be a close relative of the petitioner.

(iii) The petitioner will remain present on each and every date fixed by the court below. (iv) In case of absence for three consecutive dates or in violation of the terms of the bail, the bail bond of the petitioner will be liable to be

Patna High Court CR. MISC. No.69997 of 2021(3) dt.24-06-2022 3/3 cancelled by the court concerned.

(Arun Kumar Jha, J) V.K.Pandey/- U T