Mukesh Ray v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.63065 of 2023 Arising Out of PS. Case No.-1125 Year-2023 Thana- Excise P.S. District- Patna ====================================================== Mukesh Ray, aged about 30 years, Gender-Male, S/O Umesh Ray R/O Village- Nababganj, PS. Malsalami, Dist. Patna. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Jay Ram Prasad, Adv.
For the Opposite Party/s :
Mr. Bishweshwar Ram, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 06-10-2023 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner seeks bail in connection with Special Case No. 5589/2023 arising out of Excise (Prohibition) Patna P.S. Case No. 1125/2023 instituted for the offences under Sections 30(a)/56(b) of the Bihar Prohibition and Excise Act, 2016 and Amendment Act, 2022.
3. As per the prosecution case, police has recovered 100 litres of illegal country made liquor from the motorcycle which was being driven by the petitioner.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. He further submits that the seized country made
Patna High Court CR. MISC. No.63065 of 2023(2) dt.06-10-2023 2/2 liquor has not been recovered from the conscious possession of the petitioner. The petitioner has clean antecedent as stated in paragraph no.3 of the present bail petition. The petitioner is in judicial custody since 13.07.2023.
5. Learned APP has vehemently opposed the bail petition of the petitioner.
6. Considering the entire facts and circumstances of the case, the petitioner, above named, is directed to be released on bail on his furnishing bail bonds in the sum of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Special Judge Excise, Patna in connection with Special Case No. 5589/2023 arising out of Excise (Prohibition) Patna P.S. Case No. 1125 of 2023. (Chandra Prakash Singh, J) rishi/- U T