Ganesh Ray v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.70900 of 2021 Arising Out of PS. Case No.-449 Year-2021 Thana- PHULPARAS District- Madhubani ====================================================== 1.

GANESH RAY Son of Bilat Ray Resident of village - Suggapatti, P.S. - Phulparas, Dist.- Madhubani.

2.

Suresh Ray Son of Bilat Ray Resident of village - Suggapatti, P.S. - Phulparas, Dist.- Madhubani.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sanjay Kumar, Advocate For the Opposite Party/s :

Mr. Sanjay Kumar Pandey, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 25-02-2022 Learned counsel for the petitioners seeks necessary permission to correct the name of village mentioned in the cause title of the bail petition in course of the day. Permission is accorded.

Heard learned counsel for the petitioners and learned A.P.P. for the State through virtual court proceedings. Let the defect(s), if any, be removed within a period of four weeks after complete start of the physical Court. The petitioners seek regular bail in connection with Phulparas P.S. Case No. 449 of 2021 instituted for the offence under Section 30(a) of the Bihar Prohibition and Excise Act. Learned counsel for the petitioners submits that the petitioners are in custody since 21.11.2021, are persons with

Patna High Court CR. MISC. No.70900 of 2021(2) dt.25-02-2022 2/2 clean antecedent and charge-sheet has been submitted in this case.

Allegation is of recovery of 171.915 litre of liquor from the house of the petitioners.

Learned counsel for the petitioners submits that the house is a joint family property and, as such, petitioners were not aware who was kept the liquor in the house. Learned A.P.P. for the State vehemently opposes the prayer for regular bail of the petitioners.

Considering the fact that the petitioners are in custody, are persons with clean antecedent and charge-sheet has been submitted in this case, let the petitioners above named be released on bail on furnishing bail bonds of Rs.5,000/- (Rupees Five Thousand) each with two sureties of the like amount each to the satisfaction of learned 2nd Additional Sessions Judge-cumSpecial Judge, Excise Act, Madhubani in connection with Phulparas P.S. Case No. 449 of 2021.

(Satyavrat Verma, J) Kundan/- U T