Patna High CourtCR. MISC./61366/2023bail granted

Ram Prasad Ray v. The State Of Bihar

2023-09-12Mr. Justice Chandra Prakash Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.61366 of 2023 Arising Out of PS. Case No.-485 Year-2023 Thana- Excise P.S. District- Vaishali ====================================================== RAM PRASAD RAY S/o- LATE HEMNATH RAY Village- Diwantok W.No5, Ps- Gangabridge Dist- Vaishali ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ravish Mishra For the Opposite Party/s :

Mr.Murli Dhar ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 12-09-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner has preferred this application for grant of regular bail in connection with Hajipur Excise P.S. Case No. 485 of 2023 dated 04.08.2023 registered for the offences punishable u/ss 30(a)/32(1)(3)/41(1)(2) of the Bihar Prohibition and Excise Act.

3. As per the prosecution case, total 150 litres of illicit liquor was recovered from the e-rickshaw. Police apprehended four persons sitting on the said vehicle including this petitioner.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. Nothing has been recovered from the conscious

Patna High Court CR. MISC. No.61366 of 2023(2) dt.12-09-2023 2/2 possession of the petitioner. The petitioner has no concern with the alleged recovery. The petitioner is neither the owner nor the driver of the vehicle. The petitioner has clean antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 05.08.2023.

5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Vaishali at Hajipur in connection with Hajipur Excise P.S. Case No. 485 of 2023.

7. The application stands allowed.

(Chandra Prakash Singh, J) Alok Verma/- U T